Joseph John vs State Of Kerala
2023 Latest Caselaw 8737 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                        WP(C) NO. 20203 OF 2023
PETITIONER:

          JOSEPH JOHN
          AGED 54 YEARS
          S/O. JOHN, MONIPILLIL HOUSE, AVOLI P.O., ANICKADU,
          MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686670
          BY ADVS.
          GEORGE MATHEW
          M.D.SASIKUMARAN
          SUNIL KUMAR A.G
          MATHEW K.T.
          GEORGE K.V.
          STEPHY K REGI
          MEDHA B.S.

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, WATER RESOURCES
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     KERALA WATER AUTHORITY
          REP. BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA
          BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033
    3     SUPERINTENDING ENGINEER
          PUBLIC HEALTH CIRCLE (PHC), KERALA WATER AUTHORITY,
          KOTTAYAM, PIN - 686002
    4     EXECUTIVE ENGINEER
          PROJECT DIVISION, KERALA WATER AUTHORITY,
          KOTTAYAM, PIN - 686002
    5     THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER
          KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM,
          THIRUVANANTHAPURAM, PIN - 695033

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.20203 OF 2023


                                2




              P.V.KUNHIKRISHNAN, J.
             ------------------------------
             W.P.(C) No.20203 of 2023
     ----------------------------------------------
     Dated this the 09th day of August, 2023


                         JUDGMENT

The above writ petition is filed with the

following prayers:

"i) to issue a writ of mandamus or other appropriate writ direction or order direction, commanding the respondents release the amounts due to petitioner under Ext.P2 - CC 5th and part bill in respect of Ext.P1 and Agreement No. 03/SE/PHCK/2018-2019 dtd. 31.07.2018 within a time frame to be fixed by this Hon'ble Court;

ii) to issue a writ of mandamus or other appropriate writ direction or order direction, commanding the respondents release the amounts due to the petitioner under Ext.P2 and P5 with interest @ 18% for delay caused;

iv) to grant such other reliefs or direction or WP(C) NO.20203 OF 2023

order as this Hon'ble court deems fit and proper to grant."[SIC]

2. The main prayer in this writ petition is to

disburse the admitted bill amount due to the

petitioner. The Standing counsel appearing for the

respondents submitted that, because of the paucity

of fund, amount is not disbursed. The petitioner can

not be directed to wait indefinitely for getting the

amount due. Considering the facts and

circumstances of the case, I think there can be a

direction to respondents 2 to 5 to disburse the

admitted amount within six months. If the amount

is not paid within six months, the admitted amount

will carry an interest @ 9%.

Therefore, this writ petition is disposed of with

the following directions:

i. Respondents 2 to 5 are directed to pay WP(C) NO.20203 OF 2023

the admitted amount due to the petitioner within

a period of six months from today. If the

amount is not paid within six months, the

admitted amount will carry interest @ 9%, after

six months.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO.20203 OF 2023

APPENDIX OF WP(C) 20203/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF WORK ORDER NO.

PHCK/D4/1843/2016 DTD. 16.07. 2018 ISSUED BY 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF PERFORMA FOR FUND REQUEST DTD. 27.03.2023 ISSUED BY 4TH RESPONDENT

RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE