K. Chandran vs. The Kerala Water Authority - Kerala High Court, 10 January 2022

WP(C) NO. 28109 OF 2021 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 10TH DAY OF JANUARY 2022 / 20TH POUSHA, 1943 WP(C) NO. 28109 OF 2021 PETITIONER: K. CHANDRAN AGED 55 YEARS S/O. SHRI P. KRISHNAN, CONTRACTOR, CHANDRATHARA, ONAMCODE, CHAIKKOTTUKONAM P. O., THIRUVANANTHAPURAM DISTRICT - 695122. BY ADV M.R.GOPALAKRISHNAN NAIR RESPONDENTS: 1 THE KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695010. 2 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695010. 3 THE CHIEF ENGINEER KERALA WATER AUTHORITY, SOUTH CIRCLE JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695010. 4 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, WATER SUPPLY DIVISION, NEYYATTINKARA, THIRUVANANTHAPURAM – 695121. BY ADV BIJILY JOSEPH, R1 RO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 28109 OF 2021 2 JUDGMENT Dated this the 10th day of January, 2022 The petitioner, who is a Contractor under the Kerala Water Authority, has filed this writ petition seeking for a direction to the respondents to finalise Ext.P4 Final Bill, taking into account the excess work done by the petitioner beyond the contract period, as per the terms of the contract and including GST @ 12%. The petitioner seeks to direct the respondents to pay the balance amount due to the petitioner within a time frame fixed by this Court.

According to the petitioner, the petitioner entered into Ext.P1 agreement with the respondents on 03.04.2019. It is a running contract. The petitioner has submitted bill for the work done by him. However, the Bill is not processed for payment.

The learned Standing Counsel for the respondents submits that this issue involves disputed question of fact and

WP(C) NO. 28109 OF 2021 3 this Court cannot enter into an adjudication as to the sustainability of the claims made by the petitioner, invoking the Writ Juri iction under Article 226 of the Constitution of India. However, if the petitioner makes appropriate representation before the 4th respondent, the 4th respondent can consider the matter, if necessary, in consultation with Superior Officers.

This Court finds that it is a plausible suggestion made by the learned Standing Counsel for the respondents. In the circumstances, the writ petition is disposed of permitting the petitioner to raise his grievances regarding non- processing of pending bills before the 4th respondent. If the petitioner makes such a representation within a period of two weeks, the 4th respondent shall consider the same, if necessary, in consultation with Superior Officers, and take a final decision in the matter within a further period of one month. N.NAGARESH JUDGE hmh

WP(C) NO. 28109 OF 2021 4 APPENDIX OF WP(C) 28109/2021 PETITIONER EXHIBITS Exhibit P1 THEOF THE RELEVANT PAGES OF AGREEMENT NO.15/2019-20 DATED 03.04.2019. Exhibit P2 THE TRUE COPIES OF A FEW INCIDENT REPORTS BASED ON WHICH COMPLAINTS ARE ATTENDED BY PETITIONER. Exhibit P3 THEOF THE VOUCHER DATED 6.8.2020 TOGETHER WITH THE RELEVANT PAGES OF BILL FOR RS.3,25,609/-. Exhibit P4 THEOF THE VOUCHER DATED 3.9.2020 TOGETHER WITH THE RELEVANT PAGES OF BILL FOR RS.7,52,899. 66. Exhibit P5 THEOF THE NOTIFICATION NO.50/2018 CENTRAL TAX DATED 13.09.2018. Exhibit P6 THEOF THE LETTER NO.0023/2018/DY.AM/FIN/KWA DATED 29.09.2018. Exhibit P7 THEOF THE VOUCHER DATED 26.8.2021 EVIDENCING INCLUSION OF GST @ 12% TO THE BILL AMOUNT AND THEREFROM RECOVERY OF CGST @ 1% AND SGST @ 1%. Exhibit P8 THEOF THE PAYMENT RECEIPT NO.2010320099568 DATED 14.10.2020. Exhibit P9 THEOF THE PAYMENT RECEIPT NO.201033200161743 DATED 22.03.2021. Exhibit P10 THEOF THE REPRESENTATION DATED 02.11.2021. Exhibit P11 THE TRUE ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF REPRESENTATION BY SOME RESPONDENTS. RESPONDENT’S EXHIBITS NIL