Shahul Hameed vs Kerala Water Authority
2023 Latest Caselaw 3266 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                       WP(C) NO. 20843 OF 2022
PETITIONER:

          SHAHUL HAMEED
          AGED 54 YEARS
          VARIKKODAN HOUSE, DOWN HILL.P.O.,
          MALAPPURAM, PIN - 676519
          BY ADVS.
          P.SHANES METHAR
          N.KRISHNA PRASAD
          BHARATH MOHAN


RESPONDENTS:

    1     KERALA WATER AUTHORITY
          JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM.
          REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695033
    2     THE SUPERINTENDING ENGINEER
          O/O. THE SUPERINTENDING ENGINEER, KERALA WATER
          AUTHORITY, PH CIRCLE, THRISSUR., PIN - 680001
    3     THE EXECUTIVE ENGINEER
          O/O. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,
          PROJECT DIVISION, NATTIKA, THRISSUR., PIN - 680566


          SRI.V.V.JOSHI,SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.20843 of 2022
                                     2


                           JUDGMENT

Dated this the 23rd day of March, 2023

This writ petition is filed by the petitioner, a contractor

engaged by the Kerala Water Authority for the work " Kerala Rural

Water Supply and Sanitation Project, Jalanidhi II - Rehabilitation of

Multi GP WSS - CWSS to Mala - Kodungallur - Package - I -

Design Renovation & Rehabilitation of Head Works at Vynthala,

Mala". According to the petitioner, the work was completed to the

satisfaction of the Kerala Water Authority. But the bills submitted

by the petitioner and certified by the Executive Engineer, mainly

Exts.P4, P5 and P6 are not paid. It is thus seeking appropriate

directions, the writ petition is filed.

2. This writ petition was pending before this Court from

25.06.2022. There is no dispute raised by the Water Authority in

regard to the bills certified by the Executive Engineer. When this

writ petition came up before this Court on 16.12.2022, learned

Standing Counsel for the Kerala Water Authority sought further

adjournment stating that the funds will be available only by

January 2023, now we are in March. The only ground raised by the

Standing Counsel for the Kerala Water Authority is paucity of funds

for the Water Authority and therefore submits that reasonable time W.P.(C) No.20843 of 2022

is required, which according to the Standing Counsel is three

months. Learned counsel for the petitioner submitted that, three

months sought for by the Standing Counsel cannot be sustained.

3. I have heard learned counsel for the petitioner,

Sri.P.Shanes Methar, and learned Standing Counsel for the Kerala

Water Authority, Sri. V.V. Joshi, and perused the pleadings and

material on record. In so far as the bills specified above are

concerned, there is no dispute. They are certified by the Executive

Engineer of the Kerala Water Authority. The Only question is

whether the time sought for by the Standing Counsel for the Kerala

Water Authority is to be given in order to release the bill amounts.

Taking into consideration that various bills to different

contractors are pending before the Kerala Water Authority, it is only

appropriate that reasonable time is granted. Therefore, there will

be a direction to the competent among the respondents to disburse

the bill amounts at the earliest, at any rate, within two months

from the date of receipt of a copy of this judgment.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.20843 of 2022

APPENDIX OF WP(C) 20843/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 23.05.2015 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE AGREEMENT NO.

3/SE/PH/TSR/2015-16 DATED 15.06.2015 (RELEVANT PAGES) Exhibit P3 TRUE COPY OF THE COMPLETION CERTIFICATE Exhibit P4 TRUE COPY OF THE CC BILL FOR 3RD YEAR ANNUAL MAINTENANCE DATED 10.08.2020 Exhibit P5 TRUE COPY OF THE CC BILL FOR THE 4TH YEAR ANNUAL MAINTENANCE DATED 09.02.2021 Exhibit P6 TRUE COPY OF THE CB3 BILL FOR THE 5TH YEAR ANNUAL MAINTENANCE AND FINAL BILL DATED 22.03.2022