George Mathew vs. Kerala Water Authority - Kerala High Court, 03 July 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNE AY, THE 03RD DAY OF JULY 2019 / 12TH ASHADHA, 1941 WP(C).No.15600 of 2019 PETITIONER/S: GEORGE MATHEW, AGED 55 YEARS S/O.MATHEW, EDAPAZHATHIL HOUSE, MANJALLOOR, VAZHAKULAM P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT - 686 670. BY ADVS. SRI.GEORGE MATHEW SHRI.GEORGE K.V. SHRI.MATHEW K.T. SHRI.SUNIL KUMAR A.G SMT.BHANU THILAK SRI.DIPU JAMES SRI.M.D.SASIKUMARAN RESPONDENT/S: 1 KERALA WATER AUTHORITY, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033, REPRESENTED BY ITS MANAGING DIRECTOR. 2 SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE, MALAPPURAM, MALAPPURAM DISTRICT - 676 505. 3 EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION, MALAPPURAM - 676 505. 4 THE FINANCE MANAGER, KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033. BY ADV. SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.15600 of 2019 2 JUDGMENT Petitioner is an A Class PWD Contractor engaged by the Kerala Water Authority to do a work. The work was completed. The bill amounts, security as well as retention were released. However, the case of the petitioner is that, in terms of the agreement, the excess GST amounts paid by the petitioner against the purchases is to be repaid by the water authority to the petitioner. Even though the petitioner has made his best efforts, the said amount is not released, which constrained the petitioner to approach this Court by filing this writ petition.

Having heard learned Counsel for the petitioner and the learned Standing Counsel for the water authority, and on realising that there is no dispute with respect to the claims raised by the petitioner, this writ petition is disposed of, directing the respondents to release the amount in terms of the agreement to the petitioner within two months from the date of receipt of a copy of this judgment. SHAJI P.CHALY JUDGE

WP(C).No.15600 of 2019 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF CIRCULAR NO.0023/2011/DY.AM/FIN.KWA DTD. 10/08/2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2OF VOUCHER ALONG WITH FORWARDING LETTER NO.DB2/243/2016-KWA/SLSSC-16 VOL.II DTD. 05/01/2019 ISSUED BY 3RD RESPONDENT.