Babu vs State Of Kerala
2023 Latest Caselaw 8207 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
          Tuesday, the 1st day of August 2023 / 10th Sravana, 1945

                 IA.NO.1/2023 IN WP(C) NO. 5278 OF 2023(H)

PETITIONERS/RESPONDENTS 2 TO 5:

  1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA
     BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM POST, THIRUVANANTHAPURAM,
     PIN - 695 033.
  2. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
     CIRCLE, JALA BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM POST,
     THIRUVANANTHAPURAM, PIN - 695 033.
  3. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, HEAD WORKS DIVISION,
     ARUVIKKARA, THIRUVANANTHAPURAM, PIN - 695 564.
  4. THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER
     AUTHORITY, JALA BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM POST,
     THIRUVANANTHAPURAM, PIN - 695 033.

RESPONDENTS/PETITIONER AND 1ST RESPONDENT:

  1. BABU, AGED 45 YEARS, S/O. BALAKRISHNA PILLAI, CHABUVILAKATHU VEEDU,
     PALLA, KARUPUR POST, THIRUVANANTHAPURAM, PIN - 695 541.
  2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF WATER
     RESOURCES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695
     001.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to enlarge six months
more time for payment of the bill amount from     11-06-2023, in the
interest of justice.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's
judgment dated 11/04/2023 upon hearing the arguments of STANDING COUNSEL
for the petitioners in IA/R2 to R5 in WP(C) and of M/S. BHARATH MOHAN,
N.KRISHNA PRASAD & P.SHANES METHAR, Advocates for R1 in IA/petitioner in
WP(C) the court passed the following:
                                P. V. KUNHIKRISHNAN, J.
                            -------------------------------------------
                      I.A.No.1 of 2023 in W.P(C) No.5278 of 2023
                            -------------------------------------------
                          Dated this the 1st day of August, 2023

                                             ORDER

This petition is filed to extend the time to comply with the

directions in the judgment dated 11.04.2023 in W.P(C)No.5278/2023.

2. After going through the affidavit filed along with the

petition, I am not convinced about the reason mentioned in the

affidavit. It is an admitted fact that the writ petitioner completed the

work and he is entitled to the amount. If there is paucity of fund, the

Water Authority ought not have proceeded with the work. But,

considering the averments in the affidavit, I think a short extension can

be allowed.

Therefore, the time to comply with the directions in the judgment

dated 11.04.2023 in W.P(C)No.5278/2023 is extended for a further

period of one month from today.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

01-08-2023 /True Copy/ Assistant Registrar