George Mathew vs Kerala Water Authority
2023 Latest Caselaw 2973 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                         WP(C) NO. 5642 OF 2023
PETITIONER:

              GEORGE MATHEW,
              AGED 67 YEARS,
              PROPRIETOR, M/S STANDARD ELECTRICALS, SNDP JUNCTION,
              MUVATTUPUZHA, S/O MATHEW, MUDIYIL HOUSE,
              ARAKUZHA P.O., MUVATTUPUZHA, PIN - 686 672.
              BY ADVS.
              JOBY JACOB PULICKEKUDY
              ANIL GEORGE

RESPONDENTS:

    1         KERALA WATER AUTHORITY,
              REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN,
              THIRUVANANTHAPURAM - 695 033.
    2         THE EXECUTIVE ENGINEER,
              KERALA WATER AUTHORITY, P.H. DIVISION,
              THIRUVALLA - 689 101.
    3         STATE OF KERALA,
              REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT,
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM -695 001.
    4         THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER,
              KERALA WATER AUTHORITY, JALABHAVAN,
              THIRUVANANTHAPURAM - 695 033.
              BY ADVS.
              GEORGIE JOHNY, SC - R1, 2 AND 4
              RESHMI K.M., SR.GP - R3


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.5642 of 2023
                                          : 2:



                                 SHAJI P. CHALY, J.
                     -------------------------------------------------
                             W.P.(C).No.5642 of 2023
                    --------------------------------------------------
                   Dated this the 13th day of March, 2023

                                     JUDGMENT

Petitioner is a contractor engaged by the Kerala Water Authority for

the work "State Plan 2021-22-Optimization of production and transmission:

Energy conservation: supply, erection and commissioning of suitable HP C/F

pump set at booster pump house, Purayidathukavu".

2. The case of the petitioner is that the work is completed and the final

bill is submitted, however, no action is taken to release the amount. From

Ext.P3 voucher dated 04.11.2022, it is clear that an amount of

Rs.15,21,059/- is recommended. Anyhow, today when the matter was taken

up, the learned Standing counsel for the Kerala Water Authority submitted

that out of the aforesaid amount, an amount of Rs.14,72,600/- is already

certified for payment and sought three months' time for payment. It is also

submitted that the seniority fixed by the Water Authority is to be followed in

the matter of payment.

3. I have heard learned counsel for the petitioner, Sri.Anil George and

learned Standing Counsel for the Kerala Water Authority, Sri.Georgie Johny

and perused the pleadings and material on record.

Taking into consideration the fact that the work was completed much

earlier and Ext.P3 voucher was recommended as early as on 04.11.2022, it

is only appropriate that the certified bill as stated above is directed to be

released to the petitioner within a period of two months from the date of W.P.(C).No.5642 of 2023

receipt of a copy of this judgment. Accordingly, I direct it. In respect of the

balance payment contained under the voucher, the liberty of the petitioner

to raise a claim against the same is left open; to be considered within a

month from the date of receipt of a representation from the petitioner.

This writ petition is disposed of as above.

Sd/-

SHAJI P. CHALY, JUDGE ak W.P.(C).No.5642 of 2023

APPENDIX OF WP(C) 5642/2023

PETITIONER'S EXHIBITS:-

Exhibit P1                 TRUE COPY OF AGREEMENT DATED 14/12/2021
                           EXECUTED   BETWEEN  PETITIONER AND   1ST
                           RESPONDENT         WITH        AGREEMENT
                           NO.73/2021-22/EE/PH/TVLA.

Exhibit P2                 TRUE PHOTOCOPY OF FORM NO.22 ISSUED BY
                           THE KERALA WATER AUTHORITY.

Exhibit P3                 TRUE PHOTOCOPY OF CB3 [CONTRACTORS' BILL]
                           VOUCHER TOWARDS THE FIRST AND FINAL BILL
                           ISSUED BY THE 2ND RESPONDENT ON BEHALF OF
                           THE 1ST RESPONDENT DATED 04/11/2022.