Paulose Abraham vs Kerala Water Authority
2023 Latest Caselaw 5111 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
    THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                       WP(C) NO. 12103 OF 2023
PETITIONER:

          PAULOSE ABRAHAM
          AGED 48 YEARS
          S/O. ABRAHAM,NJATTUKALAYIL HOUSE, KADAYIRUPPU P.O,
          KOLENCHERRY ERNAKULAM DISTRICT, PIN - 682311
          BY ADVS.
          JOBY JACOB PULICKEKUDY
          ANIL GEORGE

RESPONDENTS:

    1     KERALA WATER AUTHORITY
          REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN,
          THIRUVANANTHAPURAM, PIN - 695033
    2     THE SUPERINTENDING ENGINEER
          KERALA WATER AUTHORITY, PH CIRCLE, KOTTAYAM, PIN -
          686002
    3     THE EXECUTIVE ENGINEER
          OFFICE OF THE EXECUTIVE ENGINEER, KERALA WATER
          AUTHORITY, W S PROJECT DIVISION, KOTTAYAM, PIN - 686002
    4     THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER
          KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM,
          PIN - 695001
          BY ADV P.M.JOHNY


          ADV. V.V. JOSHY-SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.12103 of 2023
                                      2




                             JUDGMENT

Dated this the 13th day of April, 2023

This writ petition is filed by the petitioner seeking the

following relief:

i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to settle the final bill and disburse of amount due to the petitioner.

2. Petitioner is a contractor engaged by the Kerala Water

Authority for the work "NRDWP-WSS to Vakathanam Panchayat-

Construction of 12 m dia well cum pump house and allied works at

Peroor in Manarcadu village in Kottayam District". According to the

petitioner, the work was completed to the satisfaction of the

respondents as early as in March 2022. But in spite of lapse of

more than one year, respondents are not disbursing the final bill,

which constraints the petitioner to file this writ petition.

3. I have heard learned counsel for the petitioner, Adv.Anil

George, and learned Standing Counsel for the Kerala Water

Authority, Adv.V.V Joshy and perused the pleadings and material

on record. Learned Standing Counsel submitted that some time is

required in order to raise the bill and pay the same. W.P.(C) No.12103 of 2023

Therefore, there will be a direction to the competent among

the respondents to raise a bill within one month from the date of

receipt of a copy of this judgment and if there are no other legal

impediments standing in the way, pay the amount outstanding

within two months thereafter.

Sd/-

SHAJI P. CHALY JUDGE AP W.P.(C) No.12103 of 2023

APPENDIX OF WP(C) 12103/2023

PETITIONER EXHIBITS Exhibit P1 THE PHOTOCOPY OF THE AGREEMENT SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT DATED 25.06.2013 Exhibit P2 THE PHOTOCOPY OF THE CERTIFICATE DATED 30.09.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P3 THE PHOTOCOPY OF THE LETTER DATED 14.03.2023 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT