S.Sivaprasad vs. The Managing Director
Held
The Court directed the 4th respondent (Finance Manager and Chief Accounts Officer, KWA) to take appropriate steps based on the Executive Engineer's recommendation (Ext.P6) and disburse the eligible amount to the petitioner. This disbursement is to be completed within two months from the date of receipt of the judgment.
Facts
The petitioner, a contractor, completed a water supply augmentation project for the Kerala Water Authority. Despite the work being certified as complete and satisfactory, and the Executive Engineer recommending release, the KWA withheld amounts retained towards trial running, commissioning, maintenance, and retention charges.
Key Issues
Whether the Kerala Water Authority was obligated to release the retained contractual amounts to the petitioner after the satisfactory completion of work. Whether a writ of mandamus could be issued to compel the release of these dues.
AI-generated summary — verify with the full judgment below
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:
WP(C) NO.
13256
OF 2023
-2- P.V.KUNHIKRISHNAN, J. ------------------------------------------------------- W.P.(C)No.13256 of 2023 --------------------------------------------------------- Dated this the 20th day of Ju
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