N.A.Francis vs The Kerala Water Authority
2022 Latest Caselaw 9064 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
   WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                      WP(C) NO. 1169 OF 2022
PETITIONER/S:

          N.A.FRANCIS,
          AGED 61 YEARS
          S/O.AUGUSTY, NELLIKKUNNEL HOUSE, CHATHAMATTAM POST
          OFFICE, KOTHAMANGALAM, ERNAKULAM DISTRICT, PINCODE-
          686 671.
          BY ADVS.
          THOMAS J.ANAKKALLUNKAL
          ARUN CHANDRAN
          HARIMOHAN
          ABISHEK JOHNY
          NIRMAL CHERIYAN VARGHESE


RESPONDENT/S:

    1     THE KERALA WATER AUTHORITY,
          REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN,
          THIRUVANANTHAPURAM DISTRICT, PIN CODE-695 033.
    2     THE SUPERINTENDING ENGINEER,
          THE KERALA WATER AUTHORITY, PH CIRCLE, THIRUVALLA,
          PATHANAMTHITTA DISTRICT, PATHANAMTHITTA DISTRICT,
          PIN CODE-689 101.
    3     THE EXECUTIVE ENGINEER,
          OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION,
          KERALA WATER AUTHORITY, ADOOR, PATHANAMTHITTA
          DISTRICT, PIN CODE-691 523.
    4     THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER,
          JALABHAVAN, KERALA WATER AUTHORITY,
          THIRUVANANTHAPURAM DISTRICT, PIN CODE-695 033.
    5     THE ADDITIONAL CHIEF SECRETARY,
          DEPARTMENT OF FINANCE, SECRETARIAT, MAHATMA GANDHI
          ROAD, NEAR CENTRAL STADIUM JUNCTION, PALAYAM,
          THIRUVANANTHAPURAM, PIN CODE-695 001.
          BY ADV V.V.JOSHI

OTHER PRESENT:

          GP AMMINIKUTTY K

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No. 1169 of 2022

                                   -2-



                            JUDGMENT

Dated this the 27th day of July, 2022

The petitioner, a registered contractor, had

carried out certain works for the Kerala Water

Authority. The work was completed satisfactorily

and the guarantee period was also over. The

petitioner is aggrieved by the inordinate delay

in sanctioning and disbursing the bills submitted

by him.

2. In the statement filed on behalf of the

Water Authority, it is stated that the delay is

due to paucity of funds and the petitioner had

undertaken the work, fully aware of the

difficulties being faced by the Water Authority

and the possibility of disbursing the amounts.

Even if the above submission is accepted, there

is no justification for indefinitely delaying the

amounts due to the petitioner. W.P.(C) No. 1169 of 2022

Considering that the work was completed on

05.11.2021 and the bill raised on 10.12.2021, the

writ petition is disposed of as under;

Respondents 1 to 4 shall pay 50% of the

amount due to the petitioner under Ext.P2 within

four months and the balance 50% within two months

thereafter.

Sd/-

V.G.ARUN JUDGE

Scl/27.07.2022 W.P.(C) No. 1169 of 2022

APPENDIX OF WP(C) 1169/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 05.02.2021 ENTERED INTO BY THE PETITIONER AND THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF THE CB-3 VOUCHER, 1ST AND FINAL BILL ALONG WITH THE COVERING LETTER DATED 10.12.2021.