Kerala High Court
Dominic. A vs Kerala Water Authority on 9 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
WP(C) NO. 5058 OF 2024
PETITIONER:
DOMINIC. A
AGED 64 YEARS, S/O. AUGUSTINE,
OLICKAL HOUSE, GREEN PARK, THODUPUZHA
IDUKKI DISTRICT, PIN - 685584
BY ADVS.
ANIL GEORGE
JOBY JACOB PULICKEKUDY
SMITHA PHILIPOSE
ASHIK TOM
AAKHIL MOHAMMED.P.M
ALEX KEVIN GEORGE
RESPONDENTS:
1 KERALA WATER AUTHORITY
REPRESENTED BY THE MANAGING DIRECTOR,
JALABHAVAN, THIRUVANANTHAPURAM - 695033
2 THE SUPERINTENDING ENGINEER
KERALA WATER AUTHORITY, PH CIRCLE,
MUVATTUPUZHA, PIN - 686673
3 THE EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER,
PROJECT DIVISION, KERALA WATER AUTHORITY
KATTAPPANA, PIN - 685508
4 THE CHIEF EXECUTIVE OFFICER
KERALA INFRASTRUCTURE INVESTMENT FUND
BOARD (KIIFB), 2ND FLOOR, FELICITY
SQUARE, KODER LN, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
SRI.V.V.JOSHY - SC
SRI.S.CHANDRASEKHARAN NAIR - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No. 5058 of 2024
:2:
JUDGMENT
The petitioner has approached this Court seeking a direction
to the respondents to disburse to him the eligible amount due to
him as per CB3 (contractors bill voucher), asserting that any
further delay can only be construed to be illegal and unlawful.
2. Interestingly, Sri.S.Chandrasekharan Nair - learned
Standing Counsel for the 4th respondent - Kerala Infrastructure
Investment Fund Board (KIIFB), acceded that his client is the
funding agency of the work in question, being carried out on behalf
of the Kerala Water Authority (KWA); and that if the said Authority
is to request the payment of the bill, the same will be authorised
and disbursed without any avoidable delay.
3. Sri.V.V.Joshy - learned Standing Counsel for the 'KWA',
submitted that his client will process the bill of the petitioner and
submit it before the 'KIIFB' without any further delay.
In the afore circumstances, this writ petition is ordered with
the following directions:
(a) The 3rd respondent - Executive Engineer of the
'KWA', will process the bill of the petitioner and present
it before the 'KIIFB', within a period of one week from
the date of receipt of a copy of this judgment.
(b) On the afore being done, the competent Authority of
the 'KIIFB' will verify the bill and disburse the eligible
amounts to the petitioner, not later than one month
thereafter.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
APPENDIX OF WP(C) 5058/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE PHOTOCOPY OF THE AGREEMENT DATED
07.07.2017 SIGNED BY THE PETITIONER AND
THE 2ND RESPONDENT
Exhibit P2 THE TRUE COPY OF THE WORK COMPLETION
CERTIFICATE DATED 15.05.2020 BY THE 3RD
RESPONDENT
Exhibit P3 THE TRUE COPY OF ORDER DATED 12.08.2023
ISSUED BY THE 3RD RESPONDENT
Exhibit P4 THE TRUE COPY OF THE PHOTOCOPY OF THE CB3
VOUCHER DATED 12.08.2023 ISSUED BY THE
3RD RESPONDENT
RESPONDENTS' EXHIBITS : NIL.
