N.V. Baby vs Kerala Water Authority
2023 Latest Caselaw 10372 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                      WP(C) NO. 27606 OF 2023
PETITIONER:

            N.V. BABY
            AGED 70 YEARS
            S/O.SIMON VARGHESE, PERICKAMATTATHU HOUSE,
            EZHAKKARANADU SOUTH. P.O., ERNAKULAM, PIN - 682308
            BY ADVS.
            SAJI VARGHESE KAKKATTUMATTATHIL
            AMALENDU A.
            AMMU M.


RESPONDENTS:

    1       KERALA WATER AUTHORITY
            JALABHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS
            MANAGING DIRECTOR, PIN - 685033
    2       THE FINANCE MANAGER & CHIEF ACCOUNT OFFICER
            KERALA WATER AUTHORITY, JALABHAVAN,
            THIRUVANANTHAPURAM, PIN - 685033
    3       THE EXECUTIVE ENGINEER
            KERALA WATER AUTHORITY, PH DIVISION, KADUTHURUTHY,
            KOTTAYAM, PIN - 686604
            BY ADV GEORGIE JOHNY


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   30.09.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 27606 OF 2023

                                2


                          JUDGMENT

The petitioner singularly seeks that respondents be

directed to disburse to him the amounts covered by Ext.P1

Bill, along with 18% GST, since the said rate is now prevailing

one. He also seeks that respondents be directed to pay him

interest for the delay in payment of the bill; and thus prays

that this writ petition be allowed.

2. In response to the afore request of the petitioner,

as made by his learned counsel - Sri.Saji Varghese, learned

Standing Counsel for the Kerala Water Authority (KWA) - Sri

Georgie Jhony, submitted that it is since the revision of the

GST rate requires to be ratified by the appropriate Authority

that there has been any delay in payment of the bill. He

submitted that, therefore, petitioner cannot seek any interest

on such amounts, particularly when it is not on account of his

client's fault or failure, that the rate of GST has now been

reduced. He pleaded that a minimum of four months time be

granted to his client to honour the bill, along with applicable

rate of GST.

3. Taking note of the afore submissions, I allow this

Writ Petition and direct the Competent Authority of KWA to WP(C) NO. 27606 OF 2023

honour the eligible amounts under Ext. P1 bill, along with the

applicable rate of GST, after affording the petitioner an

opportunity of being heard, as expeditiously as is possible but

not later than four months from the date of receipt of a copy

of this judgment.

Sd/-DEVAN RAMACHANDRAN, JUDGE lsn WP(C) NO. 27606 OF 2023

APPENDIX OF WP(C) 27606/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BILL DATED NIL IN 2021 FOR RS.15,86,083/- ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE LETTER DATED 20.03.2021 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN