Jayan Raj E vs. Kerala Water Authority - Kerala High Court, 06 January 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THUR AY, THE 6TH DAY OF JANUARY 2022 / 16TH POUSHA, 1943 WP(C) NO. 28003 OF 2021 PETITIONER: JAYAN RAJ E, AGED 44 YEARS SON OF SRI. EBANEZER, CONTRACTOR, NEELARATHALAKKAL, PARASUVAIKKAL P.O, THIRUVANANTHAPURAM DISTRICT-695 010 BY ADV M.R.GOPALAKRISHNAN NAIR RESPONDENTS: 1 KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010. 2 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010 3 THE CHIEF ENGINEER, KERALA WATER AUTHORITY, SOUTH CIRCLE, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010 4 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER SUPPLY DIVISION, NEYYATTINKARA, THIRUVANANTHAPURAM-695 121 BY ADV BIJILY JOSEPH. R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 28003 OF 2021 2 JUDGMENT Dated this the 6th day of January, 2022 The petitioner, who has undertaken certain works of the respondents, has approached this Court seeking to direct the respondents to finalise Ext.P4 Final Bill taking into account of the excess work done beyond the contract period as per the terms of the contract and including GST @ 12% and disburse the balance amount due to the petitioner within a time frame. The petitioner further seeks to direct the respondents to finalise Ext.P3 first part bill and Ext.P4 second part bill including GST @ 12% and disburse the balance amount due to the petitioner.

When this writ petition came up for hearing today, the learned Standing Counsel representing the respondents submitted that the petitioner’s grievance can be considered by the 4th respondent, if the petitioner submits a proper representation before the 4th respondent.

WP(C) NO. 28003 OF 2021 3

Going through the pleadings in the writ petition it is seen that the petitioner has submitted Ext.P10 representation before the Managing Director with copy to the 4th respondent. As the said representation is not addressed to the 4th respondent, it is necessary that the petitioner files a representation before the 4th respondent for consideration. In the facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to make a properly constituted representation before the 4th respondent within a period of two weeks. If the petitioner submits such representation along with a copy of this writ petition and certified copy of this judgment, the 4th respondent shall consider the said representation and pass appropriate orders thereon within a period of two months, if necessary in consultation with the other respondents. N.NAGARESH JUDGE hmh

WP(C) NO. 28003 OF 2021 4 APPENDIX OF WP(C) 28003/2021 PETITIONER EXHIBITS Exhibit P1 THEOF THE RELEVANT PAGES OF AGREEMENT NO. 9/2019-20 DATED 1.4.2019. Exhibit P2 THE TRUE COPIES OF THE A FEW INCIDENT REPORTS BASED ON WHICH COMPLAINTS ARE ATTENDED BY PETITIONER. Exhibit P3 THEOF THE VOUCHER DATED 4.8.2020 TOGETHER WITH THE RELEVANT PAGES OF BILL FOR RS. 6,62,250/-. Exhibit P4 THEOF THE VOUCHER DATED 2.9.2020 TOGETHER WITH THE RELEVANT PAGES OF BILL FOR RS. 15,21,958/-. Exhibit P5 THEOF THE NOTIFICATION NO. 50/2018 CENTRAL TAX DATED 13.9.2018. 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%. Exhibit P8 THEOF THE FORM GSTR-3B FOR THE YEAR 2020-21 IN AUGUST. Exhibit P9 THEOF THE FORM GSTR-3B FOR THE YEAR 2021-22 IN SEPTEMBER. Exhibit P10 THEOF THE REPRESENTATION DATED 1.11.2021. Exhibit P11 THE TRUE ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF REPRESENTATION BY SOME RESPONDENTS. RESPONDENTS’ EXHIBITS NIL