T. Ismail vs Kerala Water Authority ...
2023 Latest Caselaw 11511 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                      WP(C) NO. 36952 OF 2023
PETITIONER:

          T. ISMAIL, AGED 46 YEARS, S/O MOIDU RESIDING AT
          THURKKEY HOUSE, PADINJARETHARA.P.O., POZHUTHANA VIA,
          WAYANAD, PIN - 673575

          TESSY JOSE
          ELDHO PAUL



RESPONDENTS:

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

    2     THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,
          P.H.DIVISION, SULTHAN BATHERI, PIN - 673592

          SRI V V JOSHY-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36952 OF 2023
                                  2


                              JUDGMENT

Amidst the various allegations, averments and assertions

made and urged in this writ petition, all which the petitioner

requires is that the second respondent - Executive Engineer be

directed to take up and dispose of Ext.P2 representation made

by him, within a time frame to be fixed by this Court. He

explained that he is entitled to the amounts under the Final Bill

presented by him; and that he will be able to convince the

second respondent of the same, if given an opportunity.

2. Sri.V.V.Joshy - learned standing counsel for the Kerala

Water Authority, in response, submitted that, if the petitioner

only requires Ext.P2 to be taken up and disposed of by the

second respondent, there does not appear to be any legal

impediment in doing so; however, praying that this Court may

not make any affirmative declarations and leave it to the said

Authority to take an apposite decision, as per law.

3. In the afore circumstances, I allow this writ petition

and direct the second respondent - Executive Engineer to take

up Ext.P2 representation of the petitioner and dispose it of,

after affording an opportunity of being heard to him; thus

culminating in an appropriate order and necessary action WP(C) NO. 36952 OF 2023

thereon, as expeditiously as is possible, but not later than one

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

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 36952 OF 2023

APPENDIX OF WP(C) 36952/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE CB-3 FOR THE 1ST AND FINAL BILL DATED NIL FOR RS.3,70,585/-ISSUED BY THE 2ND RESPONDENT

Exhibit p2 A TRUE COPY OF THE LATEST REPRESENTATION DATED 05.08.2023 SENT BY THE PETITIONER TO THE 2ND RESPONDENT DEMANDING THE 1ST AND FINAL BILL AMOUNT