Kerala High Court
Anilkumar.S vs Kerala Water Authority on 26 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 39561 OF 2022
PETITIONER/S:
ANILKUMAR.S.,
AGED 47 YEARS
S/O. N. SATHYADAS, SHALOM HOUSE, PERUMBA ROAD,
AYANIMOODU, VEDIVACHANCOIL.P.O,
THIRUVANANTHAPURAM 695501.
BY ADVS.
HARISANKAR N UNNI
M.S.AKHIL
RESPONDENT/S:
1 KERALA WATER AUTHORITY,
JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM 695
033, REPRESENTED BY ITS MANAGING DIRECTOR.
2 THE ASSISTANT EXECUTIVE ENGINEER,
WATER SUPPLY SUB DIVISION KANJIRAMKULAM, KERALA
WATER AUTHORITY, OFFICE OF THE ASSISTANT
EXECUTIVE ENGINEER, WATER SUPPLY SUB DIVISION,
KANJIRAMKULAM, THIRUVANANTHAPURAM 695524.
OTHER PRESENT:
SRI. V.V.JOSHI, SC (KWA)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 39561 of 2022
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 39561 of 2022
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Dated this the 26th day of July, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"i) declare that the inaction on the part of the 2 nd
respondent in disbursing the amounts with respect to the
works mentioned in Ext.P1 even after preparing the
payment vouchers and allotting claim numbers is highly
illegal, arbitrary and in violation of principles of natural
justice and is liable only to be interfered with.
ii) issue a writ of mandamus or any other appropriate writ,
order or direction commanding and compelling the
respondents to disburse the amounts due to the petitioner
(total Rs.4,17,625/-) for the works entrusted to him,
mentioned in Ext.P1 within a time frame fixed by this
Hon'ble court with simple interest at the rate of 6% per
annum.
iii) issue such other appropriate writ order or direction as
this Honourable Court may deem fit and proper to meet the
ends of justice and;
W.P.(C). No. 39561 of 2022
iv) award the costs of this proceeding to the petitioner."
(sic)
2. The main prayer is to issue direction to respondents to
disburse the amount due to the petitioner for the work entrusted to him
mentioned in Ext.P1 within a time frame.
3. Heard the counsel for the petitioner and the standing
counsel appearing for the respondents.
4. The standing counsel submitted that because of financial
stringency, some time is necessary to pay the amount. If that be so,
there can be a direction to the respondents to pay 50% of the amount
due within one month and the balance within another two months.
Therefore, this writ petition is disposed of in the following
manner:
1. There will be a direction to respondents to pay 50% of the
amount due to the petitioner as per Ext.P1, within a period of
one month from the date of receipt of a copy of this
W.P.(C). No. 39561 of 2022
judgment. The balance amount should be paid within a
period of two months thereafter.
2. The question of interest is left open.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 39561 of 2022
APPENDIX OF WP(C) 39561/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 16-11-2022.
Exhibit P2 TRUE COPY OF THE VOUCHER DATED 19-2-
2021.
Exhibit P3 TRUE COPY OF THE VOUCHER DATED 24-8-
2020.
Exhibit P4 TRUE COPY OF THE INCIDENT REPORT NO. IR
701833 DATED 30-9-2018.
Exhibit P4 A TRUE COPY OF THE INCIDENT REPORT NO IR
698862 DATED 18-8-2018.
Exhibit P4 B TRUE COPY OF THE INCIDENT REPORT NO. IR
608813 DATED 19-1-2018.
Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.
(C )NO. 27490/2019 DATED 10-1-2020.
