Rajesh V.R vs Kerala Water Authority
2023 Latest Caselaw 4673 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                      WP(C) NO. 596 OF 2023
PETITIONER:

            RAJESH V.R
            AGED 46 YEARS
            S/O. RAGHAVAN NAIR,
            CONTRACTOR, VETTATH HOUSE,
            KOODATHAI BAZAR P.O., THAMARASSERI,
            KOZHIKODE DISTRICT, PIN - 673573

            BY ADVS.
            BABU JOSEPH KURUVATHAZHA
            MOHAMMED SHAFI.K
            K.M.SHANAVAS
RESPONDENTS:

    1       KERALA WATER AUTHORITY
            JALA BHAVAN, NANDAVANAM,
            VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033,
            REPRESENTED BY ITS MANAGING DIRECTOR,
            PIN - 695033

    2       SUPERINTENDING ENGINEER
            OFFICE OF THE SUPERINTENDING ENGINEER,
            KERALA WATER AUTHORITY,
            P.H. CIRCLE, MALAPARAMBA,
            KOZHIKODE, PIN - 673009

    3       EXECUTIVE ENGINEER
            P.H. DIVISION, KERALA WATER AUTHORITY,
            VATAKARA, KOZHIKODE, PIN - 673101

    4       ASSISTANT ENGINEER
            P.H. SECTION, KERALA WATER AUTHORITY,
            PURAMERI, KOZHIKODE, PIN - 673503


            BY SRI. V.V JOSHY, SC


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   12.04.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 596/2023                  2




                                      JUDGMENT

This writ petition is filed by the petitioner seeking the

following reliefs:-

"i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 2 and 3 to permit the petitioner to make use of the bill discounting facility, pertaining to the payment due to the petitioner detailed in Exts.P9 and P10 proceedings of the 3rd respondent forthwith;

ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 not to initiate any coercive action against the petitioner, in pursuance to Ext.P12 to terminate the work detailed in Ext.P7, until the bill discounting facility, pertaining to the Exts.P9 and P10 proceedings of the 3rd respondent, is extended to the petitioner;

iii) issue such other writ, order or direction which may deem fit in the facts and circumstances of the case;

iv) dispense with the translation of the documents produced in the Vernacular Language"

2. The case projected by the petitioner is that even

though the work awarded to the petitioner by the Kerala

Water Authority as per agreement dated 16.05.2019,

bearing No. SE/PHC/KKD/04/2019-20 is completed to the

satisfaction of the respondents, the final bill amount is not

released to the petitioner.

3. Today when the matter is taken up, learned

Standing Counsel for the Kerala Water Authority,

Sri. V.V. Joshy has produced a treasury reference order to

show that an amount of Rs. 8,60,79,45/- was credited in

the treasury account on account of the work in question.

4. Therefore, learned counsel for the petitioner

submitted that this writ petition can be closed recording the

above aspect.

Accordingly, the writ petition is disposed of recording

the above aspect.

Sd/-

SHAJI P. CHALY JUDGE

DCS/12.04.2023

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE WORK ORDER DATED 10.5.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE MEMO OF WORK TENDERED ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE PROCEEDING DATED 29.6.2022 OF THE 4TH RESPONDENT, ADDRESSED TO THE ASSISTANT EXECUTIVE ENGINEER, KWA, VADAKARA, PERTAINING TO THE COMPLETION OF WORK.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 5.7.2022 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 25.10.2022 FILED BY THE RESPONDENTS IN W.P.(C) NO.29011/2022.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 27.10.2022 IN W.P. (C) NO.25752/2022.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 16.11.2022 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 5.12.2022 IN W.P. (C) NO.29011/2022.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 19.12.2022 FORWARDED BY THE 3RD RESPONDENT TO THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER UNDER THE 1ST

RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE VOUCHER DATED 19.12.2022 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE REQUEST DATED 23.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 AND 3.

EXHIBITB P12 TRUE COPY OF THE LETTER DATED 14.12.2022 ISSUED BY THE 2ND RESPONDENT.