Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022 / 9TH AGRAHAYANA, 1944 WP(C) NO. 8859 OF 2022 PETITIONER:
DOMANIC A.
AGED 64 YEARS, S/O.AUGUSTINE, OLICKAL HOUSE, GREEN PARK, THODUPUZHA, IDUKKI DISTRICT.
BY ADVS.
JOBY JACOB PULICKEKUDY ANIL GEORGE RESPONDENTS:
1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM – 695 033.
2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE, MUVATTUPUZHA – 686 673.
3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, KATTAPPANA – 685 508.
4 THE CHIEF EXECUTIVE OFFICER KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB), 2ND FLOOR, FELICITY SQUARE, KODER LN. PALAYAM, THIRUVANANTHAPURAM – 695 001.
5 STATE OF KERALA REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
6 FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033.
W.P.(C)No.8859/2022 2 OTHER PRESENT:
ADV. V V JOSHY (SC FOR KWA), ADV. CHANDRASEKHARAN NAIR (SC KIIFB) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.8859/2022 3 JUDGMENT
Petitioner has approached this Court being aggrieved by the fact that Exts.P4 and P7 bills submitted by the petitioner towards the work completed by the petitioner for the 1st respondent, Kerala Water Authority has not been honoured. It is the case of the petitioner that when the petitioner enquired the status of his bills, he was informed that the project is funded by the 4th respondent and the 4th respondent is to release the funds required for making payment under the bills.
2.
When this matter is taken up for consideration today, the learned counsel appearing for the 4th respondent refers to the counter affidavit filed in this Court and submits that Exts.P4 and P7 bills contain certain defects and accordingly the bills were sent back to the 1st respondent for resubmitting the same after curing the defects. It is submitted that once the bills are resubmitted, the claim of the petitioner can be processed in accordance with the norms.
3.
Having heard the learned counsel appearing for petitioner, learned counsel appearing for the 1st respondent, Water Authority and the learned counsel appearing for the 4th
W.P.(C)No.8859/2022 4 respondent, this writ petition will stand disposed of directing the competent authority of the Kerala Water Authority to resubmit Exts.P4 and P7 bills submitted by the petitioner, for the approval of the 4th respondent after curing defects if any, pointed out by the 4th respondent within a period of one month from the date of receipt of a certified copy of this judgment.
The 4th respondent shall thereafter process the bills so submitted in accordance with law. If any of the defects are to be rectified by the petitioner, the petitioner shall also cooperate with the Kerala Water Authority and rectify the same.
Writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE ats
W.P.(C)No.8859/2022 5 APPENDIX OF WP(C) 8859/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE AGREEMENT DATED 07.07.2017 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT.
Exhibit P2 THE TRUE PHOTOCOPY OF THE WORK COMPLETION CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 15.05.2020.
Exhibit P3 TRUE PHOTOCOPY OF THE ORDER HAS BEEN ISSUED BY THE 3RD RESPONDENT ON 10.06.2021.
Exhibit P4 TRUE PHOTOCOPY OF THE CB3 VOUCHER (CC 3RD PART BILL & FINAL BILL) ISSUED BY THE 3RD RESPONDENT FOR AN AMOUNT OF RS.27,58,454/- Exhibit P5 THE PHOTOCOPY OF THE LETTER ISSUED BY THE CHIEF ENGINEER CENTRAL REGION HOSPITAL ROAD COCHI, TO THE 2ND RESPONDENT.
Exhibit P6 THE LETTER DATED 24.12.2020 ISSUED BY RANGHAMANI ASSOCIATES CHARTERED ACCOUNTANTS SHOWING THE GST RETURNS.
Exhibit P7 THE PHOTOCOPY OF THE CB3 VOUCHER ISSUED BY THE 3RD RESPONDENT FOR AN AMOUNT OF RS.5039871/-.
Exhibit P8 THE PETITIONER HAS PREFERRED A REPRESENTATION TO THE 2ND RESPONDENT ON 23.06.2021.