George Mathew vs. Dr.A.Kowsigan I.A.S.
Held
The High Court found no willful or deliberate contempt on the part of the Kerala Water Authority. It held that KWA was constrained by the Government Order which interdicted them from paying more than 5% GST compensation to contractors, thus excusing their partial compliance.
Facts
The petitioner filed a contempt case alleging non-compliance with a previous judgment that directed payment. The Kerala Water Authority (KWA) paid only 5% of the GST compensation, citing a Government Order (P) No.2/2018 dated 27.01.2018, which limited such payments to 5%, instead of the 7% allegedly agreed upon.
Key Issues
Whether the Kerala Water Authority committed willful contempt by paying only 5% GST compensation to a contractor, citing a Government Order, despite a previous judgment and an alleged agreement for 7%.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 21ST DAY OF AUGUST 2020 / 30TH SRAVANA, 1942 Con.Case(C).No.1994 OF 2019 IN WP(C). 15600/2019 AGAINST THE JUDGMENT IN WP(C) 15600/2019(Y) DATED 03.07.2019 OF HIGH COURT OF KERALA PETITIONER/S: GEORGE MATHEW, AGED 57 YEARS, S/O MATHEW, EDAPAZHATHIL HOUSE, MANJALLOOR, VAZHAKULAM P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT-686 670 BY ADVS. SRI.GEORGE MATHEW SHRI.PRAVEEN S. SRI.M.D.SASIKUMARAN SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SHRI.MATHEW K.T. SHRI.GEORGE K.V. RESPONDENT/S: 1 DR.A.KOWSIGAN I.A.S., AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, MANAGING DIRECTOR, KERALA WATER AUTHORITY, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033. 2 SRI.V.PRASAD, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H. CIRCLE, MALAPPURAM, MALAPPURAM DISTRICT-676 505. 3 SRI. MUHAMMED RAFI, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION, MALAPPURAM, MALAPPURAM DISTRICT-676 505. 4 SRI. SHIJITH AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, FINANCE MANAGER, KER
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