Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 24TH DAY OF NOVEMBER 2023 / 3RD AGRAHAYANA, 1945 WP(C) NO. 38557 OF 2023 PETITIONER:
JOSE T POONNICHIRA AGED 64 YEARS, S/O. THOMAS, "CONTRACTOR", RESIDING AT POONNICHIRA HOUSE, NADUBHAGAM, CHAMPAKULAM PO., ALAPPUZHA DISTRICT., PIN - 688505 BY ADVS.
S.JAYAKRISHNAN S.PARAMESWARA PRASAD RESPONDENTS:
1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM PO., THIRUVANANTHAPURAM DISTRICT - 695010 2 THE CHIEF ENGINEER KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM DISTRICT, PIN - 695010 3 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PH DIVISION, THIRUVALLA, PATHANAMTHITTA DISTRICT - 689101 4 THE ASSISTANT EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PH DIVISION, THIRUVALLA, PATHANAMTHITTA DISTRICT - 689101 5 THE ASSISTANT EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PH SUB DIVISION, EDATHUA, PATHANAMTHITTA DISTRICT - 689573 6 THE ASSISTANT ENGINEER PH SECTION, KERALA WATER AUTHORITY, KIDANGARA, ALAPPUZHA DISTRICT - 686102 BY ADV.
SRI.P.M.JOHNY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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DEVAN RAMACHANDRAN, J.
========================= W.P.(C).No. 38557 of 2023 ========================== Dated this the 24th day of November, 2023
JUDGMENT The request of Sri.S.Jayakrishnan – learned counsel for the petitioner, that the 3rd respondent – Executive Engineer of the Kerala Water Authority, be directed to release the amounts covered by Exts.P1 to P3, to his client – namely, 17% of GST with respect to contracts which he has completed successfully and Security Deposits remitted along with tenders for the works earlier cancelled – 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, saying that all action to verify the same is underway and that payment against it will be disbursed not later than six 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 it appropriate to fix a time frame between the suggestions made by the learned counsel for the parties, so as to obtain balance between their rival interests.
3. In the afore circumstances, I direct the competent
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Authority of the Kerala Water Authority to advert to the claim of the petitioner and disburse eligible amounts against it, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
This Writ Petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN JUDGE anm
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APPENDIX OF WP(C) 38557/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DETAILS OF PAYMENT DUE TO THE PETITIONER BASED UPON THE BILLS DATED 21.05.2018 REGISTERED WITH THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE ESTIMATE WITH DETAILS OF PAYMENT DUE TO THE PETITIONER DATED 05.07.2022 OF THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE VOUCHER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 22.02.2023 Exhibit P4 TRUE COPY OF THE APPLICATION TO THE SUPERINTENDENT ENGINEER KWA, THIRUVALLA DATED 15.05.5023 BY THE PETITIONER WITH DETAILS OF PAYMENT DUE TO THE PETITIONER BASED UPON THE BILLS REGISTERED WITH THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 13.09.2023 TO THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF REPRESENTATION DATED 19.09.2023 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT RESPONDENTS' EXHIBITS : NIL.