Domanic A. vs. Kerala Water Authority
Held
The High Court directed the Kerala Water Authority to resubmit the petitioner's bills (Exts.P4 and P7) to KIIFB within one month after curing any defects. KIIFB was then directed to process the resubmitted bills in accordance with law, with the petitioner also required to cooperate in rectifying defects.
Facts
The petitioner, a contractor, sought payment for work completed for the Kerala Water Authority (KWA). His bills (Exts.P4 and P7) were not honored, with KWA citing that the project was funded by KIIFB, which had returned the bills due to alleged defects.
Key Issues
The key legal issue was the non-payment of a contractor's bills for completed work, specifically concerning the delay caused by alleged defects in the bills and the processing requirements involving the Kerala Water Authority and the funding agency, KIIFB.
AI-generated summary — verify with the full judgment below
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)
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