Tbml (P) Ltd vs Kerala Water Authority
2023 Latest Caselaw 4347 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     TUESDAY, THE 4TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945
                        WP(C) NO. 10221 OF 2023


PETITIONER :-

          TBML (P) LTD.
          REPRESENTED BY ITS MANAGING DIRECTOR,
          NO. 50/964, MANIMALA ROAD, EDAPPALLY.P.O.,
          COCHIN, PIN - 682024

          BY ADVS.
          P.SHANES METHAR
          N.KRISHNA PRASAD


RESPONDENTS :-

    1     KERALA WATER AUTHORITY
          REPRESENTED BY ITS MANAGING DIRECTOR,
          JALABHAVAN, VELLAYAMBALAM,
          THIRUVANANTHAPURAM., PIN - 695033

    2     THE SUPERINTENDING ENGINEER
          O/O. THE SUPERINTENDING ENGINEER,
          KERALA WATER AUTHORITY, PH CIRCLE (KANNUR),
          KANNOOKARA.P.O., KANNUR., PIN - 670012

    3     THE EXECUTIVE ENGINEER
          O/O. THE EXECUTIVE ENGINEER,
          KERALA WATER AUTHORITY, W S DIVISION,
          TALIPARAMBA, TALIPARAMBA.P.O., KANNUR., PIN - 670141



          SRI.GEORGIE JOHNY, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2023, ALONG WITH WP(C).10243/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NOs. 10221 & 10243    OF 2023
                               2



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  TUESDAY, THE 4TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945
                  WP(C) NO. 10243 OF 2023


PETITIONER :-

         TBML (P) LTD
         REPRESENTED BY ITS MANAGING DIRECTOR,
         NO. 50/964, MANIMALA ROAD, EDAPPALLY.P.O.,
         COCHIN., PIN - 682024

         BY ADVS.
         P.SHANES METHAR
         N.KRISHNA PRASAD


RESPONDENTS :-

    1    KERALA WATER AUTHORITY
         REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN,
         VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033

    2    THE SUPERINTENDING ENGINEER
         O/O. THE SUPERINTENDING ENGINEER, KERALA WATER
         AUTHORITY, PH CIRCLE (KANNUR), KANNOOKARA.P.O.,
         KANNUR., PIN - 670012

    3    THE EXECUTIVE ENGINEER
         O/O. THE EXECUTIVE ENGINEER, KERALA WATER
         AUTHORITY, W S DIVISION, TALIPARAMBA,
         TALIPARAMBA.P.O., KANNUR., PIN - 670141

         BY SRI.GEORGIE JOHNY, SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2023, ALONG WITH WP(C).10221/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING :
 WP(C) NOs. 10221 & 10243   OF 2023
                               3



                          JUDGMENT

Dated this the 04th day of April, 2023

The petitioner in the captioned writ petitions are

common. The petitioner was engaged by the Kerala Water

Authority for the works (1) WSS to Pattuvam and adjoining

villages - (JICA aided) Balance Distribution Network - Phase

II Appendix VII A - Kuttiyeri village and (2) WSS to

Pattuvam and adjoining villages - (JICA aided) Balance

Distribution Network - Phase II Appendix VII B - Pariyaram

Village.

2. The case of the petitioner is that the works were

completed by the petitioner to the satisfaction of the Kerala

Water Authority. However, the bill amount is not paid to the

petitioner. Thus, seeking appropriate directions the above

writ petitions are filed. Detailed adjudication of the issue is

not required, basically, for the reason that the bill raised by

the petitioner is certified by the Executive Engineer, Water

Supply Division, Kerala Water Authority and secondly for the WP(C) NOs. 10221 & 10243 OF 2023

reason that the learned Standing Counsel for the Kerala

Water Authority submitted that the bill would be paid within

three months. The learned counsel appearing for the

petitioner did not raise any objection with respect to the

same.

Therefore, this writ petition is allowed directing the

competent among the respondents to pay the bill amount to

the petitioner, at the earliest, at any rate, within three

months from the date of receipt of a copy of this judgment.

Sd/-

SHAJI P.CHALY JUDGE SMA WP(C) NOs. 10221 & 10243 OF 2023

APPENDIX OF WP(C) 10243/2023

PETITIONER EXHIBITS :-

Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF WORKS AGREEMENT NO. 69/2017-18/SE/PHC/KNR DATED 17.02.2018 BETWEEN THE PETITIONER AND 2ND RESPONDENT

Exhibit P2 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 09.05.2022 ISSUED BY THE 3RD RESPONDENT

Exhibit P3 TRUE COPY OF THE NON - LIABILITY CERTIFICATE ISSUED BY THE 3RD RESPONDENT

Exhibit P4 TRUE COPY OF THE CC 3RD & FINAL BILL TOGETHER WITH THE REQUEST LETTER NO. KWA/WSDN/TPBA/A1-STATE PLAN/PARIYARAM VILLAGE DATED 04.04.2022 OF THE 3RD RESPONDENT

Exhibit P5 TRUE COPY OF THE LETTER NO.

KWA/PHC/KNNR/JS BG/2021 DATED 01.02.2023 OF THE 2ND RESPONDENT WP(C) NOs. 10221 & 10243 OF 2023

APPENDIX OF WP(C) 10221/2023

PETITIONER EXHIBITS :-

ExhibitP1 A TRUE COPY OF THE RELEVANT PAGES OF WORKS AGREEMENT NO. 68/2017-18/SE/PHC/KNR BETWEEN THE PETITIONER AND 2ND RESPONDENT

ExhibitP2 A TRUE COPY OF THE COMPLETION CERTIFICATE DATED 09.05.2022 ISSUED BY THE 3RD RESPONDENT

ExhibitP3 A TRUE COPY OF THE NON - LIABILITY CERTIFICATE ISSUED BY THE 3RD RESPONDENT

ExhibitP4 A TRUE COPY OF THE CC 3RD & FINAL BILL TOGETHER WITH THE REQUEST LETTER NO. KWA/WSDN/TPBA/A1-STATE PLAN/KUTTIYERI VILLAGE/1 DATED 04.04.2022 OF THE 3RD RESPONDENT

ExhibitP5 A TRUE COPY OF THE LETTER NO.

KWA/PHC/KNNR/JS BG/2021 DATED 01.02.2023 OF THE 2ND RESPONDENT