Thomas K Paul vs Kerala Water Authority
2023 Latest Caselaw 4231 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
 FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                  WP(C) NO. 8972 OF 2023
PETITIONER:

         THOMAS K PAUL
         AGED 52 YEARS
         S/O. PAUL,
         KOTTANATHU HOUSE,
         KADAYIRUPPU P.O.,
         KOLENCHERY,
         ERNAKULAM,
         PIN - 682311

         BY ADVS.JOBY JACOB PULICKEKUDY
                 ANIL GEORGE
RESPONDENTS:

    1    KERALA WATER AUTHORITY
         REPRESENTED BY THE MANAGING DIRECTOR,
         JALABHAVAN,
         THIRUVANANTHAPURAM,
         PIN - 695033

    2    THE SUPERINTENDING ENGINEER
         KERALA WATER AUTHORITY,
         PH CIRCLE,
         PALAKKAD-,
         PIN - 678001

    3    THE EXECUTIVE ENGINEER,
         OFFICE OF THE EXECUTIVE ENGINEER,
         KERALA WATER AUTHORITY,
         W S PROJECT DIVISION,
         PALAKKAD,
         PIN - 678001

    4    THE CHIEF EXECUTIVE OFFICER
         KERALA INFRASTRUCTURE INVESTMENT FUND BOARD
         (KIIFB),
         2ND FLOOR,
         FELICITY SQUARE,
         KODER LN,
         PALAYAM,
         THIRUVANANTHAPURAM,
         PIN - 695001
 W.P.(C.) No. 8972/2023         2




     5        THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER
              KERALA WATER AUTHORITY,
              JALABHAVAN,
              THIRUVANANTHAPURAM,
              PIN - 695001

              R1 TO R3 & R5 BY SRI. V.V. JOSHY, SC
                               SRI. P.M.JOHNY, SC
              R4 BY SRI. S. CHANDRASEKHARAN NAIR, SC



       THIS    WRIT PETITION       (CIVIL) HAVING   COME UP   FOR
ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 8972/2023            3




                              JUDGMENT

Petitioner is a registered government contractor

engaged by the Kerala Water Authority for the work of

'KIIFB-2017-18-Comprehensive Drinking Water Scheme to

Ambalappara Panchayath in Ottapalam Taluk in Palakkad

District-Phase II - Design, construction, commissioning and

maintenance of 6.50 mld WTP, 12LL OHSR, supplying and

laying 250mm DI K9 for CWPM, Road restoration, supplying

and erection of VT pump set'. According to the petitioner,

the work was completed to the satisfaction of the Kerala

Water Authority. However, the final bill is not so far

prepared. It is accordingly that the following relief is sought

for by the petitioner:-

"i) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to settle the final bill and disburse of amount due to the petitioner."

2. I have heard learned counsel for the petitioner,

Sri. Anil George, learned Standing Counsel for the Kerala

Water Authority, Sri. V.V. Joshy and learned Standing

Counsel for KIIFB, Sri. S.Chandrasekharan Nair and

perused the pleadings and material on record.

3. Since the learned Standing Counsel for the Kerala

Water Authority submitted that steps will be taken to

prepare the final bill, there will be a direction to the

competent among the respondents to prepare the final bill

on account of the work carried out by the petitioner, at the

earliest, at any rate, within one month from the date of

receipt of a copy of this judgment. I make it clear that, if

the bill prepared by the Kerala Water Authority is not

disputed by the funding agency, the amount shall be

released to the contractor, at the earliest possible.

The writ petition is disposed of accordingly.

Sd/-

SHAJI P. CHALY JUDGE

DCS/31.03.2023

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 THE PHOTOCOPY OF THE AGREEMENT SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT DATED 17.10.2019

EXHIBIT P2 THE 3RD RESPONDENT HAS ISSUED A WORK COMPLETION CERTIFICATE IN FORM FA12 AND THE PHOTOCOPY OF THE WORK COMPLETION CERTIFICATE DATED NIL IN FORM FA12 ISSUED BY THE 3RD RESPONDENT