P.C.Shaji vs Kerala Water Authority ...
2023 Latest Caselaw 1652 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
   FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944
                      WP(C) NO. 32824 OF 2022
PETITIONER

             P.C.SHAJI
             AGED 53 YEARS
             S/O. CHEMPAKAM PILLAI, PEEDIKAPARAMBIL, MOUNT
             SINAI ROAD, THODUPUZHA - 685584.
             BY ADVS.
             JOBY JACOB PULICKEKUDY
             ANIL GEORGE


RESPONDENTS

    1        KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING
             DIRECTOR
             REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN,
             THIRUVANANTHAPURAM-695033.
    2        THE SUPERINTENDING ENGINEER,
             P.H. CIRCLE, KERALA WATER AUTHORITY, PALAKKAD-
             678001.
    3        THE EXECUTIVE ENGINEER,
             PROJECT DIVISION, KERALA WATER AUTHORITY,
             PALAKKAD- 678001.
    4        THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER,
             FINANCE WING, KERALA WATER AUTHORITY, JALABHAVAN,
             THIRUVANANTHAPURAM-695033.


             SRI.V.V.JOSHI - SC

     THIS     WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION     ON   27.01.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).32824/2022
                                      2




                        SHAJI P.CHALY. J.
                       ----------------------
                     W.P.(C).32824 of 2022
                      -----------------------
                    Dated : 27th January, 2023

                             JUDGMENT

This writ petition is filed by the petitioner seeking to release

the trial run expenses, maintenance guarantee amount, the

security deposit and retention amount from the Kerala Water

Authority. According to the petitioner, the work was completed

and the completion certificate is issued by the Water Authority as

evident from Ext.P2. It is further pointed out that inspite of

earnest efforts made by the petitioner, the aforesaid amounts are

not released to the petitioner which persuaded him to file this

writ petition.

2. I have heard the learned counsel for the petitioner

Sri.Joby Jacob Pulickekudy and the learned Standing Counsel

Sri.V.V.Joshi and perused the pleadings and materials on record.

3. I am of the considered opinion that the subject issues

raised by the petitioner in this writ petition are issues to be

considered first of all by the preliminary authority who can WP(C).32824/2022

identify as to whether the facts raised by the petitioner in the

writ petition are undisputed.

4. The learned Standing Counsel for the Water Authority

submitted that the work is not complete and the trial run period

is not over and therefore, the Water Authority is unable to

release the amount as sought for by the petitioner.

5. In the above view of the matter, I think it is only

appropriate that the writ petition be disposed of leaving open

the liberty of the petitioner to approach the concerned officials of

the Water Authority with appropriate representation. Petitioner is

given liberty to file a suitable representation before the Water

Authority within two weeks from the date of receipt of a copy of

this judgment, and the representation shall be considered at the

earliest, at any rate, within a period of six weeks thereafter. I

make it clear that if amounts are ultimately found to be due,

steps shall be taken to release the amount, as early as possible.

Sd/-

SHAJI P.CHALY, Judge

Mrcs WP(C).32824/2022

APPENDIX OF WP(C) 32824/2022

PETITIONER EXHIBITS Exhibit P1 THE PHOTOCOPY OF THE AGREEMENT DATED 22.03.2018.

Exhibit P2 THE PHOTOCOPY OF WORK COMPLETION CERTIFICATE ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER.

Exhibit P3 RELEVANT PAGE OF THE NIT CONDITIONS SHOWING THAT THE GUARANTEE PERIOD IS 12 MONTHS.