G Suresh vs Kerala Water Authority
2024 Latest Caselaw 28436 Ker

Kerala High Court

G Suresh vs Kerala Water Authority on 25 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                     2024:KER:72112

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

   WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946

                      WP(C) NO. 28721 OF 2024

PETITIONER:
           G SURESH
           AGED 58 YEARS
           S/O P. GOPINANTHAN, SUNITHABHAVAN, AVANVANCHERI
           ATTINGAL, THIRUVANANTHAPURAM-, PIN - 695103


          BY ADVS.
          ANIL GEORGE
          JOBY JACOB PULICKEKUDY
          SMITHA PHILIPOSE
          ASHIK TOM
          ALEX KEVIN GEORGE
          AAKHIL MOHAMMED.P.M


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

    2     THE EXECUTIVE ENGINEER
          OFFICE OF THE EXECUTIVE ENGINEER, WS DIVISION, ATTINGAL
          -, PIN - 695101

    3     THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER
          JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM -, PIN -
          695010

    4     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY FINANCE DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-, PIN -
          695001
          SRI. V.V. JOSHY SC FOR KWA.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.28721 of 2024                                   2024:KER:72112

                                     2




                              JUDGMENT

Dated this the 25th day of September, 2024

The petitioner was awarded the contract for

the work of "State Plan 2020-2021-RENOVATION OF

WS SUB DIVISION OFFICE AT VALIYAKUNNU,

ATTINGAL." The petitioner completed the work to

the satisfaction of the respondents and the 2 nd

respondent issued Form CB3 voucher for an amount

of Rs.18,90,978/- towards the final bill. This writ

petition is filed aggrieved by the delay in paying the

bill amount.

2. Heard, learned Counsel for the petitioner

and the learned Government Pleader.

3. The petitioner having completed the work

to the satisfaction of the Water Authority, there is no WP(C)No.28721 of 2024 2024:KER:72112

justification in delaying the payment indefinitely.

Although learned Standing Counsel for the Water

Authority submits that the delay is only due to

paucity of funds, I am of the opinion that the

payments in works of this nature ought to be made

within a reasonable time.

The writ petition is accordingly disposed of,

directing the competent among respondents 1 to 3 to

disburse the eligible amount due to the petitioner

within four months of receipt of a copy of this

judgment.

Sd/-

V.G.ARUN

JUDGE

SSK/25/09 WP(C)No.28721 of 2024 2024:KER:72112

APPENDIX OF WP(C) 28721/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE PHOTOCOPY OF THE SUPPLEMENTARY AGREEMENT NO :1 DATED 08.12.2021 SIGNED BY THE PETITIONER AND THE 2NDRESPONDENT

Exhibit P2 THE TRUE PHOTOCOPY OF THE KPW(KERALA PUBLIC WORKS) FORM 22 ISSUED BY KERALA WATER AUTHORITY DATED NIL

Exhibit P3 THE TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 29.12.2021

Exhibit P4 THE THE TRUE PHOTOCOPY OF THE CB3 (CONTRACTOR'S BILL) VOUCHER TOWARDS THE FINAL BILL ISSUED BY THE 2ND RESPONDENT DATED NIL

TRUE COPY P.A. TO JUDGE