Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 7TH DAY OF MARCH 2023 / 16TH PHALGUNA, 1944 WP(C) NO. 1212 OF 2023 PETITIONER:
K KANNAN, AGED 61 YEARS, S/O.KARUNAN, AMRUTHAM, CHIRAKKAL, CHIRAKKAL P.O., KANNUR, PIN – 670 011.
BY ADVS.
K.S.ANIL GOPIDAS E.N.
RESPONDENTS:
1 THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN – 695 033.
2 THE SUPERINTENDING ENGINEER, PH CIRCLE, KERALA WATER AUTHORITY, KANNUR, PIN – 670 012.
3 THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, KANNUR, PIN – 670 012.
4 THE CHIEF EXECUTIVE OFFICER, KIIFB, 2ND FLOOR, FELICITY SQUARE, M.G.ROAD, STATUE, THIRUVANANTHAPURAM, PIN – 695 001.
BY ADVS P.M.JOHNY, SC, KERALA WATER AUTHORITY S.CHANDRASEKHARAN NAIR, SC, KIIFB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.1212 of 2023 : 2 :
SHAJI P. CHALY, J.
------------------------------------------------- W.P.(C).No.1212 of 2023 -------------------------------------------------- Dated this the 07th day of March, 2023 JUDGMENT Petitioner is an ‘A Class’ Government Contractor engaged by the Kerala Water Authority for the work “KIIFB - Special Investment Package - W.S.S. to Kasaragod Municipality and Chemnad Panchayat Phase-1 Package IV-Construction of 21 LL 5 LL and 8 LL capacity OHSR at Vidyanagar and Pulikunnu, supplying and laying gravity main from MOHR at Vidyanagar to Pulikunnu”.
2. According to the petitioner, the work was completed by the petitioner to the satisfaction of the tendering authority. However, the payments are not made to the petitioner. It is also pointed out that in order to make the payment of GST as agreed upon, a certificate from the Chartered Accountant is also produced before the tendering authority.
Apparently, the Kerala Water Authority is a special purpose vehicle whereas KIIFB is the funding agency.
3. Learned counsel for the petitioner submitted that in spite of earnest efforts made by the petitioner, the amount due to the petitioner is not released.
4.
I have heard the learned counsel for the petitioner, Sri. Anil K.S., learned Standing Counsel for the Kerala Water Authority, Sri.P.M.Johny
and
learned
Standing
Counsel
for
KIIFB, Sri.S.Chandrasekharan Nair and perused the pleadings and material on record.
W.P.(C).No.1212 of 2023 : 3 :
5. The learned Standing Counsel for KIIFB submitted that if and when the special purpose vehicle i.e the Kerala Water Authority submits the bill, the bill amount will be paid after appropriate scrutiny.
In that view of the matter, there will be a direction to the Kerala Water Authority to forward the bill to KIIFB within three weeks from the date of receipt of a copy of this judgment, in which event, the KIIFB shall process the same at the earliest and at any rate within two weeks thereafter. If and when the bill is approved by the KIIFB as directed above, the Kerala Water Authority shall released the bill amount to the petitioner within three months from the date of receipt of a copy of the certified bill as directed above .
Sd/- SHAJI P. CHALY, JUDGE ak
W.P.(C).No.1212 of 2023 : 4 :
APPENDIX OF WP(C) 1212/2023 PETITIONER’S EXHIBITS:- Exhibit P 1 TRUE COPY OF WORK ORDER DATED 11.09.2017.
Exhibit P 2 TRUE COPY OF EXTRACT OF AGREEMENT DATED 25.09.2017.
Exhibit P 3 TRUE
COPY
OF
THE
WORK COMPLETION/COMMISSIONING
CERTIFICATE DATED NIL ISSUED BY THE 3RD RESPONDENT.
Exhibit4 TRUE COPY OF THE RELEVANT EXTRACT OF TENDER NOTIFICATION DT. 08.05.2017.
Exhibit P 5 TRUE COPY OF LETTER DATED 15.07.2022.