Remani S.Nair vs Kerala Water Authority
2023 Latest Caselaw 6758 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                  WP(C) NO. 19999 OF 2023
PETITIONER/S:

          REMANI S.NAIR,
          AGED 60 YEARS
          D/O.REKHA S.NAIR, A CLASS GOVT. CONTRACTOR,
          MANCHERY HOUSE, KOOVAPPADY, PERUMBAVOOR,
          ERNAKULAM, PIN - 683544
          BY ADVS.
          AJITH KRISHNAN
          V.P.RAMESAN


RESPONDENT/S:

    1     KERALA WATER AUTHORITY
          REPRESENTED BY ITS MANAGING DIRECTOR,
          JALA BHAVAN, VELLAYAMBALAM,
          THIRUVANANTHAPURAM, PIN - 695010
    2     THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER,
          KERALA WATER AUTHORITY, JALA BHAVAN,
          VELLAYAMBALAM,
          THIRUVANANTHAPURAM, PIN - 695010
    3     THE CHIEF ENGINEER,
          KERALA WATER AUTHORITY, J
          ALABHAVAN, VELLAYAMBALAM,
          THIRUVANANTHAPURAM, PIN - 695033
    4     THE SUPERINTENDING ENGINEER,
          KERALA WATER AUTHORITY, PH CIRCLE,
          MUVATTUPUZHA, ERNAKULAM, PIN - 686661
    5     THE EXECUTIVE ENGINEER,
          KERALA WATER AUTHORITY,
          PH DIVISION, MUVATTUPUZHA, ERNAKULAM,
          PIN - 686661
    6     EXECUTIVE ENGINEER,
          PROJECT DIVISION, KERALA WATER AUTHORITY,
          KATTAPPANA, IDUKKI DISTRICT,, PIN - 685508
                                         -2-
W.P.(C). No. 19999 of 2023



OTHER PRESENT:

                SRI.GEORGIE JOHNY, SC


        THIS       WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON     20.06.2023,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -3-
W.P.(C). No. 19999 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 19999 of 2023
                         =============================================================

                       Dated this the 20th day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to disburse the bill amount of Rs.38,69,279/- (Rupees Thirty eight lakhs sixty nine thousand two hundred and seventy nine only) to the petitioner with respect to the works of (1) LAC Asset Development Fund CARWASS to Kalloorkad providing water supply to Kulangathupara area in Kalloorkad Panchayath supplying and laying pumping main, Distribution, construction of GL Tank, supply and erection of pump set and (2) NABARD - Water Supply Scheme to Vellayamattom and Alakkode (Part) Villages in Idukki District Balance work - supplying and laying 100 mm D1 clear water pumping main construction of 0.40LL capacity GLSR and supplying and laying distribution system for zone VII and Zone VIII, forthwith;

ii) Issue a writ of mandamus or such other writ or order or direction commanding the respondents to pay the interest at

W.P.(C). No. 19999 of 2023

the rate of 18% on the amount due to the petitioner forthwith.

iii) Kindly dispense with the production of translated copies of Malayalam documents.

iv) Issue such other writ order or direction as this Hon'ble Court may deem fit and proper in the interest of justice." (sic)

2. The main prayer in this writ petition is to issue direction

to the respondents to disburse the bill amount due to the petitioner as

recommended in Exts.P2 and P4. The petitioner submitted Ext.P5

before the 1st respondent and the same is not considered is the

grievance.

3. Heard the counsel for the petitioner and the Standing

Counsel for the respondents.

4. After hearing both sides, I think this writ petition can be

disposed of directing the 1st respondent to consider Ext.P5 within a

time frame, in the light of Exts.P2 and P4.

W.P.(C). No. 19999 of 2023

Therefore, this writ petition is disposed of in the following

manner:

1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P5, after giving an opportunity of hearing to the petitioner, in the light of Exts.P2 and P4, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

2. Based on the above order, the amount due to the petitioner shall be disbursed.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 19999 of 2023

APPENDIX OF WP(C) 19999/2023

PETITIONER EXHIBITS Exhibit- P1 TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO.48/2013-14/SE/PHC/MVPA, DATED 22/10/2013 ENTERED BETWEEN PETITIONER AND 4TH RESPONDENT.

Exhibit- P2 TRUE COPY OF THE RELEVANT PAGE OF THE VOUCHER OF 3RD AND FINAL BILL OF THIS WORK, DATED NIL.

Exhibit- P3 TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO.04/2018-19/SE/P1/MVPA, DATED 11/12/2018, BETWEEN PETITIONER AND 4TH RESPONDENT.

Exhibit- P4 TRUE COPY OF THE RELEVANT PAGE OF THE VOUCHER DTD. 20/3/2023 OF THE 5TH AND FINAL BILL OF 2ND WORK.

Exhibit- P5 TRUE COPY OF THE REPRESENTATION DATED 1/6/2023, SUBMITTED BY THE PETITIONER, BEFORE THE 1ST AND 2ND RESPONDENTS.