Abu Mathew vs Kerala Water Authority
2023 Latest Caselaw 2976 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. 27557 OF 2022
PETITIONER:

          ABU MATHEW,
          AGED 70 YEARS, S/O ABRAHAM MATHAI
          KOYIKEL HOUSE, KARIKKODU P.O., PERUVA,
          KOTTAYAM, PIN - 686610
          BY ADVS.
          P.MOHANDAS (ERNAKULAM)
          K.SUDHINKUMAR
          S.K.ADHITHYAN
          SABU PULLAN
          GOKUL D. SUDHAKARAN


RESPONDENTS:

    1     KERALA WATER AUTHORITY
          REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
          VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695013
    2     THE EXECUTIVE ENGINEER
          KERALA WATER AUTHORITY, PROJECT DIVISION, ADOOR,
          PATHANAMTHITTA, PIN - 691523
    3     THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER
          JALA BHAVAN, KERALA WATER AUTHORITY, VELLAYAMBALAM,
          THIRUVANANTHAPURAM, PIN - 695013
          BY ADV P.M.JOHNY, SC, KERALA WATER AUTHORITY


     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.27557 of 2022
                                        2


                             JUDGMENT

Dated this the 13th day of March, 2023

The writ petition is filed by the petitioner seeking the

following reliefs;

i) To issue Writ of Mandamus or order or direction to the 3rd respondent to release the amount as sanctioned to the petitioner in Ext.P3 as expeditiously as possible and at any rate within a time limit that may be fixed by this Hon'ble Court;

ii) To issue a Writ of Mandamus or order or direction to the respondents 1 and 2 to pay 10.5% interest on the amount due to the petitioner from the date of execution of the work till the date of payment;

iii) To declare that the petitioner is entitled to get the full amount sanctioned as per Ext.P3 with 10.5% interest from the date of completion of the work till the date of payment;

2. Subject issue relates to amounts due to the

petitioner, who was a contractor engaged by the Kerala Water

Authority and the consequential non payment of the bill

amounts to the petitioner.

3. However, today when the matter was taken up,

learned counsel for the petitioner submitted that the entire

amount except the interest is not paid and seeks for disposal of W.P.(C) No.27557 of 2022

the writ petition leaving open the liberty of the petitioner with

respect to the claim for interest.

Therefore, after having heard the learned counsel for the

petitioner, Sri.P.Mohandas and learned Standing Counsel for the

Kerala Water Authority Sri.P.M.Johny; the writ petition is

disposed of recording the above aspects and also leaving open

the liberty of the petitioner to seek appropriate remedy for

interest.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.27557 of 2022

APPENDIX OF WP(C) 27557/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ABSTRACT OF AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT DATED 5-10-2020 Exhibit-P2 TRUE COPY OF THE ORDER NO. PDA/DB2-

108/2020 DATED 25-06-2021 ISSUED BY THE 2ND RESPONDENT Exhibit-P3 TRUE COPY OF THE FORM CB-3 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 07/2022 Exhibit-P4 TRUE COPY OF THE REQUEST MADE BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 6- 7-2022