M/S. J And B Engineering And ... vs Kerala Water Authority
2023 Latest Caselaw 5858 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                   WP(C) NO. 15109 OF 2023
PETITIONER:

         M/S. J AND B ENGINEERING AND CONSTRUCTION COMPANY
         KUTTOOR P.O, THIRUVALLA
         PATHANAMTHITTA DISTRICT,PIN - 689106
         REPRESENTED BY ITS PARTNER K.A. ABRAHAM,
         BY ADVS.
         ALIAS M.CHERIAN
         BRISTO S PARIYARAM
         K.M.RAPHY
         ARUN C.S.

RESPONDENTS:

    1    KERALA WATER AUTHORITY
         HEAD OFFICE, JALABHAVAN THIRUVANATHAPURAM,
         REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695033
    2    THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER
         HEAD OFFICE, JALABHAVAN, KERALA WATER AUTHORITY
         THIRUVANATHAPURAM, PIN - 695033
    3    THE SUPERINTENDING ENGINEER
         KERALA WATER AUTHORITY P.H. CIRCLE,
         PATHANAMTHITTA OFFICE AT THIRUVALLA,
         PIN - 689101
    4    THE EXECUTIVE ENGINEER
         KERALA WATER AUTHORITY PROJECT DIVISION,
         ADOOR PATHANAMTHITTA DISTRICT, PIN - 691554
    5    KERALA INFRASTRUCTURE INVESTMENT FUND BOARD
         M.G ROAD, STATUE, THIRUVANANTHAPURAM KERALA ,
         REPRESENTED BY ITS CHAIRMAN, PIN - 695001
OTHER PRESENT:

          SRI.GEORGIE JOHNY, SC,
          SRI.S.CHANDRASEKHARAN NAIR, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.15109/2023

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.15109 of 2023
             ----------------------------------------------
            Dated this the 24th day of May, 2023


                           JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of mandamus or any other appropriate writs directions or orders directing respondents to effect payment of Ext.P3/bill to the petitioner immediately, at any rate within a time limit to be fixed by this Hon'ble Court. ii. To grant such other reliefs which are deem fit and proper in the facts and circumstances of the case.

iii. To grant the cost of the petitioner for these proceedings from respondents.

(SIC)

2. Petitioner is a partnership firm. The petitioner is a

licensed contractor under the Kerala Water Authority. The

petitioner has undertaken contract work in connection with

supply and laying water pumping main etc. as evident by

Ext.P1 agreement. The grievance of the petitioner is that the WP(C).No.15109/2023

respondents have not disbursed the amount due to the

petitioner. The petitioner submitted Ext.P5 before the 4 th

respondent. The same is not considered is the grievance.

Hence this writ petition.

3. Heard the learned counsel for the petitioner and

the learned counsel for the 5th respondent. I also heard the

learned Standing Counsel for the 1st respondent.

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

itself can be disposed of directing the 4th respondent to

consider Ext.P5 within a time frame.

Therefore, this writ petition is disposed of in the

following manner:

1. The 4th respondent is directed to consider and

pass appropriate orders in Ext.P5, after

affording an opportunity of hearing to the

petitioner and other affected parties, as

expeditiously as possible, at any rate, within one

month from the date of receipt of a stamped

certified copy of this judgment.

2. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this WP(C).No.15109/2023

writ petition before the 4th respondent for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.15109/2023

APPENDIX OF WP(C) 15109/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF AGREEMENT NO.31/SE/ PHC/TVLA/2020- 21 FOR WORKS DATED 16/02/2021 SIGNED BETWEEN THE PETITIONER AND 3RD RESPONDENT Exhibit P2 TRUE COPY OF ABSTRACT OF AGREEMENT NO.

NO.31/SE/ PHC/TVLA/2020-21 DATED 16/02/2021 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF FORM FA 9 BILL MODULE ALONG WITH PART II CERTIFICATE DATED 25/02/2023 ISSUED BY THE ASSISTANT ENGINEER Exhibit P4 TRUE COPY OF LETTER NO. JBEC/AGMNT NO.

31/2020-21 DATED 20/02/2023 SUBMITTED BEFORE THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF LETTER DATED 10/04/2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.