Disposed

Binu Mathew v. the Managing Director Kerala Water Authority

Kerala HC6 Mar 2017WP(C)/1010/2017

Case brief

AI extract

What is this about?

A government contractor filed a writ petition against the Kerala Water Authority for non-payment of dues for completed water supply works. The court directed the authority to pay 40% of the amount immediately and the balance in four monthly installments, noting the authority's lack of suffient funds.

What did the court decide?

Direction to respondents to pay 40% of the amount on or before 30.4.2017 and the balance amount in four equated monthly installments starting from 15.5.2017.

Binu Mathew Vs the Managing Director Kerala Water… — Service and Employment | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 6TH DAY OF MARCH 2017/15TH PHALGUNA, 1938

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WP(C).No. 1010 of 2017 (A)

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PETITIONER(S):

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BINU MATHEW,KOTTAVIRUTHIL HOUSE, ANAPRAMPAL (N) P.O.,THALAVADY,ALAPPUZHA

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BY ADVS.SRI.JOMY GEORGE SRI.DEEPAK MOHAN KUM.M .ANJU THOMAS

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RESPONDENT(S):

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1. THE MANAGING DIRECTOR KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695001.

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SUPERINTENDING ENGINEER

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P.H.CIRCLE, KERALA WATER AUTHORITY, KOTTAYAM-686001.

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SUPERINTENDING ENGINEER

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KERALA WATER AUTHORITY, P.H.CIRCLE, PALAKKAD-678001.

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4. SUPERINTENDING ENGINEER

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KERALA WATER AUTHORITY, P.H. CIRCLE, KOZHIKODE-673001.

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5. EXECUTIVE ENGINEER

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KERALA WATER AUTHORITY, PROJECT DIVISION, KOTTAYAM-686001.

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6. EXECUTIVE ENGINEER WATER SUPPLY PROJECT DIVISION, KERALA WATER AUTHORITY, KALMANDAPAM, PALAKKAD-678001.

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7. EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PROJECT DIVISION, MALAPPURAM-676001.

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BY SRI.MILLU DANDAPANI,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1010 of 2017 (A)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHBIT P1: TRUE COPY OF THE AGREEMENT HAVING NO.03/SE/PCK/2015-15 DATED 23.6.2014 ENTERED INTO BETWEEN THE PETITIONER AND THE 2ND RESPONDENT.

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EXHIBIT P2: TRUE COPY OF THE AGREEMENT HAVING NO.013/15-16/SE/PHC/PKD DATED 6.6.2015 BETWEEN THE PETITIONER AND THE 3RD RESPONDENT.

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EXHIBIT P3: TRUE COPY OF THE AGREEMENT HAVING NO.02/15-16/SE/PHC PKD DATED 6.6.2015 BETWEEN THE PETITIONER AND THE 3RD RESPONDENT.

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EXHIBIT P4: TRUE COPY OF THE AGREEMENT HAVING NO.04/16-17/SE/PHC/PKD DATED 19.9.2016 BETWEEN THE PETITIONER AND THE 3RD RESPONDENT.

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EXHIBIT P5: TRUE COPY OF THE AGREEMENT HAVING NO.SE/PHC/KKD/3/2014-15 DATED 16.6.2014 BETWEEN THE PETITIONER AND THE 4TH RESPONDENT.

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EXHIBIT P6: TRUE COPY OF THE AGREEMENT HAVING NO.SE/PHC/KKD/55/2013-14 DATED 7.3.2014 BETWEEN THE PETITIONER AND THE 4TH RESPONDENT.

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EXHIBIT P7: TRUE COPY OF THE VOUCHER ISSUED BY THE 5TH RESPONDENT FOR AN AMOUNT OF RS.21,58,751/- PAYABLE TO THE PETITIONER AS THE CC 4TH AND FINAL BILL WITH REGARD TO THE COMPLETION OF WORK AS PER EXHIBIT P1.

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EXHIBIT P8: TRUE COPY OF THE VOUCHER ISSUED BY THE 6TH RESPONDENT FOR AN AMOUNT OF RS.70,81,872/- PAYABLE TO THE PETITIONER AS IST AND PART BILL WITH REGARD TO THE COMPLETION OF WORK AS PER EXHIBIT P4.

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EXHIBIT P9: TRUE COPY OF THE VOUCHER ISSUED BY THE 6TH RESPONDENT FOR AN AMOUNT OF RS.89,88,912/- PAYABLE TO THE PETITIONER AS CC IST AND PART BILL WITH REGARD TO THE COMPLETION OF WORK AS PER EXHIBIT P2.

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EXHIBIT P10: TRUYE COPY OF THE VOUCHER ISSUED BY THE 6TH RESPONDENT FOR AN AMOUNT OF RS.1,34,51,954/- PAYABLE TO THE PETITIONER AS CC 2ND AND PART BILL WITH REGARD TO THE COMPLETION OF WORK AS PER EXHIBIT P2.

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EXHIBIT P11: TRUE COPY OF THE VOUCHER ISSUED BY THE 6TH RESPONDENT FOR AN AMOUNT OF RS.70,92,737/- PAYABLE TO THE PETITIONER AS CC 3RD PART BILL WITH REGARD TO THE COMPLETION OF WORK AS PER EXHIBIT P2.

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EXHIBIT P12: TRUE COPY OF THE VOUCHER ISSUED BY THE 6TH RESPONDENT FOR AN AMOUNT OF RS16,59,282/- PAYABLE TO THE PETITIONER AS CC 4TH AND FINAL BILL WITH REGARD TO THE COMPLETION OF WORK AS PER EXHIBIT P2.

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EXHIBIT P13: TRUE COPY OF THE VOUCHER ISSUED BY THE 6TH RESPONDENT FOR AN AMOUNT OF RS.53,84,287/- PAYABLE TO THE PETITIONER AS CC IST AND PART BILL WITH REGARD TO THE COMPLETION OF WORK AS PER EXHIBIT P3.

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WP(C).No. 1010 of 2017 (A)

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EXHIBIT P14: TRUE COPY OF THE VOUCHER ISSUED BY THE 6TH RESPONDENT FOR AN AMOUNT OF RS.1,69,32,485/- PAYABLE TO THE PETITIONER AS CC 2ND AND BILL WITH REGARD TO THE COMPLETION OF WORK AS PER EXHIBIT P3

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EXHIBIT P15: TRUE COPY OF THE VOUCHER ISSUED BY THE 6TH RESPONDENT FOR AN AMOUNT OF RS.42,38,958/- PAYABLE TO THE PETITIONER AS CC 3RD AND FINAL BILL WITH REGARD TO THE COMPLETION OF WORK AS PER EXHIBIT P3.

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EXHIBIT P16: TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS.50,58,771/-/- PAYABLE TO THE PETITIONER AS CC 4TH AND FINAL BILL WITH REGARD TO THE COMPLETION OF WORK AS PER EXHIBIT P5.

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EXHIBIT P17: TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS.22,51,132/-/- PAYABLE TO THE PETITIONER AS CC 4TH AND FINAL BILL WITH REGARD TO THE COMPLETION OF WORK AS PER EXHIBIT P6.

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EXHIBIT P18: TRUE COPY OF THE REPRESENTATION DATED 3.12.2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH REGARD TO THE PAYMENT OF EXHIBIT P-1 WORK.

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EXHIBIT P19: TRUE COPY OF THE REPRESENTATION DATED 2.12.2016 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITH REGARD TO THE PAYMENT OF EXHIBIT P-4 WORK.

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EXHIBIT P20: TRUE COPY OF THE REPRESENTATION DATED 2.12.2016 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITH REGARD TO THE PAYMENT OF EXHIBIT P-3 WORK.

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EXHIBTI P21: TRUE COPY OF THE REPRESENTATION DATED 2.12.2016 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITH REGARD TO THE PAYMENT OF EXHIBIT P-2 WORK.

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EXHIBIT P22: TRUE COPY OF THE REPRESENTATION DATED 3.12.2016 SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT WITH REGARD TO THE PAYMENT OF EXHIBIT P-5 AND P-6 WORK.

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

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W.P.(C) No.1010 of 2017

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Dated this the 6^th day of March, 2017

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JUDGMENT

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Petitioner is Government Contractor undertaking

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different kinds of work from the Kerala Water Authority. Petitioner was awarded with the following works:-

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“1) the work of "NRWDP - Water supply scheme to Kanjirappally, Elikulam and Chirakkadavu Panchayats - Distribution network - package I - Supplying, laying testing and commissioning of Distribution system from service reservoir at treatment plant site (kanjirappally Panchayat) by using various sizes of DI, PVC, and GI pipes, 2) the work of "NRDWP-20th SLSSC 2014-RWSS to Karimpuzha I & II villages - Extension of distribution lines to uncovered areas - Phase II - Supplying, laying, testing, commissioning, and maintenance of distribution system by using PVC @ GI pipes of size 140mm PVC to 80mm GI, 3) the work of "NRDWP - 20^th SLSSC 2014-Augmentation WSS to Nellaya and Kulukkallur Panchayat in Palakkad District - Package I - Supplying, laying, testing, commissioning and maintenance of distribution system by

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W.P.(C) No.1010 of 2017

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using DI, PVC, and GI pipes of size 250mm DI to 80mm GI for Zone I - Nellaya Panchayat", 4) the work of "NRDWP - 19^th SLSSC 2013- Improvements to WSS to Sreekrishnapuram & adjoining Panchayats in Ottappalam Taluk-Extension of distribution to uncovered area by using 110mm PVC to 65mm GI pipe, 5) the work of SLSSC - 2013 - CARWSS to Thirunavaya and adjoining villages supplying laying distribution system using 200mm DI K7 and various size PVC pipes Zone I and 6) the work of CARWSS to Thirunavaya and adjoining villages - Phase I - Supplying, laying, testing and commissioning of distribution system for Zone IV.”

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According to the petitioner, petitioner completed the entire work to the satisfaction of the Water Authority. However, bills

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for the said works are still remaining due from the respondents. It is in this background seeking appropriate direction, this writ petition is filed.

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Heard learned counsel for the petitioner and learned standing counsel.

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Learned counsel for the petitioner reiterated the contentions and relied on the documents produced along with this writ petition to establish that the petitioner is entitled to

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W.P.(C) No.1010 of 2017

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get the entire money within a time frame.

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However, learned standing counsel for the water authority submits that, at present the water authority is not having sufficient fund to pay to the petitioner. Any how, from the documents produced it is evident that the works awarded to the petitioner were deposit work and therefore, the water authority ought to have paid the amount then and there itself. However, since indulgence of this Court is sought, for reasonable time to make the payment, I am of the considered opinion that the respondents can be directed to pay 40% of the amount on or before 30.4.2017, and the balance amount remaining due in 4 equated monthly instalments, starting from 15.5.2017. Ordered accordingly

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY, JUDGE

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dlk/6/3/

Binu Mathew v. the Managing Director Kerala Water Authority

Case brief

What is this about?

What did the court decide?

Binu Mathew v. the Managing Director Kerala Water Authority

Case brief

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