Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 20TH DAY OF JULY 2023 / 29TH ASHADHA, 1945 WP(C) NO. 13256 OF 2023 PETITIONER/S:
S.SIVAPRASAD AGED 56 YEARS S/O SOMAN. P, KRISHNAMOORTHY VILA, THATTAMALA P.O, .KOLLAM., PIN - 691020 BY ADVS.
SAJU J PANICKER KURIAN K JOSE RESPONDENT/S:
1 THE MANAGING DIRECTOR KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM ., PIN - 695010 2 THE EXECUTIVE ENGINEER,OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, KOLLAM ., PIN - 691001 3 THE SUPERINTENDING ENGINEER PROJECT DIVISION, KERALA WATER AUTHORITY, KOLLAM, PIN - 691001 4 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER.
KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM ., PIN - 695033 SRI.V.V.JOSHI, SC(KWA) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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-2- P.V.KUNHIKRISHNAN, J.
------------------------------------------------------- W.P.(C)No.13256 of 2023 --------------------------------------------------------- Dated this the 20th day of July, 2023 JUDGMENT The above writ petition is filed with the following prayers:
i) To issue a writ of mandamus, order or direction, directing the respondents to release the amount to the petitioner retained towards trial running and commissioning, maintenance charge and retention amount.
ii) Such other relief this Hon’ble court deems fit and proper to grant in the facts and circumstances of the case.
2. An agreement has been executed between the petitioner and the 3rd respondent for augmentation of WSS to Kollam Corporation- Phase II-Package II-Construction of 20LL OHSR at Vasoorichira, dated 23.01.2019 with Agreement No: 22/2018-19 of SE/Q. It is the case of the petitioner that the petitioner completed the work and 2nd respondent issued work completion/commissioning certificate certifying that work had been completed on 24.12.2020 in a
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-3- satisfactory manner. As per the notice inviting tender on the grant of completion certificate to the contractor by the Engineer in charge of the work and within one month of the commencement of maintenance period, 5% of the amount retained towards trial running and commissioning, 1% maintenance charge and 3% of retention charge has to be released to the contractor. The petitioner submitted a representation seeking release of the amounts, but the same is not considered, is the grievance. The petitioner also submitted that, as per Ext.P6, the Executive Engineer also recommended to release the amount. Hence this writ petition.
3. Heard the learned Counsel for the petitioner and the learned Standing Counsel appearing for the Water Authority.
4. After perusing Ext.P6, I am of the view that the 4th respondent has to take necessary steps to disburse eligible amount to the petitioner. Therefore, this writ petition is disposed of with the following directions:
i. The 4th respondent is directed to take appropriate steps based on Ext.P6 and disburse eligible amount to the petitioner, as expeditiously as possible and at any
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-4- rate, within two months from the date of receipt of a copy of this judgment.
ii. Petitioner will produce a copy of the judgment along with a copy of this writ petition to the 4th respondent for compliance.
Sd/- P.V.KUNHIKRISHNAN JUDGE uu
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-5- APPENDIX OF WP(C) 13256/2023 PETITIONER EXHIBITS Exhibit P 1 THE TRUE COPY OF THE AGREEMENT DATED 23.01.2019 EXECUTED BETWEEN THE PETITIONER AND 3RD RESPONDENT .
Exhibit P2 . THE TRUE COPY OF WORK COMPLETION CERTIFICATED DATED 20.01. 2021 ISSUED BY THE 2ND RESPONDENT .
Exhibit3 THE TRUE COPY OF THE REPORT DATED 22.10.2021 ISSUED BY THE ASSISTANT ENGINEER -VII, KWA, PROJECT DIVISION, KOLLAM .
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 18.10.2021 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P5 THE TRUE COPY OF THE REPRESENTATION DATED 24.01.2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P6 THE TRUE COPY OF THE LETTER DATED 4.02.2022 ISSUED TO THE 4TH RESPONDENT BY THE 2ND RESPONDENT Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED 25.07.2022 IN WP (C) 7349 OF 2022 OF THIS HON'BLE COURT
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-6- APPENDIX OF WP(C) 23350/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE AGREEMENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1..
Exhibit P2 THE PHOTOCOPY OF THE CIRCULAR, GST/002/17 DATED 10/8/2017 ISSUED BY THE 1ST RESPONDENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2.
Exhibit P3 THE PHOTOCOPY OF THE REPRESENTATION DATED 8/7/23 ADRESSED TO THE 3RD RESPONDENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P3.