Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 24TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945 WP(C) NO. 663 OF 2024 PETITIONER:
BINU JOHN.T J, (BINU T.J) AGED 47 YEARS S/O. THOMAS, SR COTTAGE, PANJ IHADAVU, PARANIYAM, POOVAR P.O., THIRUVANANTHAPURAM, PIN - 695525 BY ADV DIVYA RANI K.
RESPONDENTS:
1 KERALA WATER AUTHORITY JALABHAVAN, VELLAYANBALAM, THIRUVANANTHAPURAM REPRESENTED BY THE MANAGING DIRECTOR, PIN - 695010 2 SUPERINTENDING ENGINEER P.H. CIRCLE, KERALA WATER AUTHORITY. THIRUVANANTHAPURAM, PIN - 695010 3 THE EXECUTIVE ENGINEER WATER SUPPLY DIVISION, NEYYATTINKARA, PIN - 695121 4 THE FINANCE MANAGER KERALA WATER AUTHORITY, JALABHAVAN VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695010 BY ADV P.M.JOHNY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 663 OF 2024 2 JUDGMENT The request of Smt.K.Divya Rani– learned counsel for the petitioner, that the respondents be directed to release the amounts covered by Exts.P2 and P3 and refund of 2% GST to her client – with respect to a contract which he has completed successfully, within a time frame to be fixed by this Court, was responded to by Sri.P.M.Johny – learned Standing Counsel for the Kerala Water Authority (KWA), saying that all action to verify the said bills are underway and that payment against it will be disbursed not later than three months from today.
2. When I consider the afore submissions, it is clear that, as of now, there are no disputes between the parties qua the bills of the petitioner; though verification of the same may certainly require some time. I, therefore, deem
WP(C) NO. 663 OF 2024 3 it appropriate to fix a time frame between the suggestions made by the learned counsel for the parties, so as to obtain a balance of their rival interests.
3.
In the afore circumstances, I direct the competent Authority of the ‘KWA’ to take up Exts.P2 and P3 bills of the petitioner and disburse eligible amounts against it and refund of 2% GST, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
4.
After I dictated this part of this judgment, learned Standing Counsel for the KWA, submitted that even though his client is not disputing the afore amounts at the moment, they may still be given an opportunity of verifying the bills to ensure that the amounts are entitled to the petitioner.
WP(C) NO. 663 OF 2024 4 5.
No doubt, the afore directions can only be construed that the petitioner be paid entitled amounts; and it will be upto the KWA to verify and assess the same, through appropriate means.
This writ Petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN JUDGE SAS
WP(C) NO. 663 OF 2024 5 APPENDIX OF WP(C) 663/2024 PETITIONER’S EXHIBITS:
Exhibit P1 NAME OF THE WORK Exhibit P2 TRUE COPY OF CB3 BILL FOR RWSS TOPOOVAR, KARICHAL FOR ONE YEAR RC FOR 2019-2020, (A PERIOD FROM 01.04.2019 TO 23.07.2019) Exhibit P3 TRUE COPY OF CB3 BILL RWSS TO POOVAR, KARICHAL RECTIFICATION OF LEAKAGE OF PIPELINE FOR A PERIOD OF ONE YEAR RC 2019-2020 CLAIM NO.2206 FROM 24.07.2019 TO 16.12.2020 Exhibit P4 TRUE CONY OF CIRCULAR ISSUED BY THE FINANCE (INDUSTRIES AND PUBLIC WORKS.B DEPARTMENT WITH CIRCULAR NO. 90/2017/FIN THIRUVANANTHAPURAM DATED 14.12.2017 Exhibit P5 NOT FILE FROM KERALA WATER AUTHORITY, WATER SUPPLY DIVISION, NEYYATTINKARA (KWA/WSD/NTA/DB3/2019//604/RC-19-20/PVR)