Disposed

Joseph John v. the Managing Director

Kerala HC1 Feb 2017WP(C)/822/2017

Case brief

AI extract

What is this about?

Petitioner, a government contractor, filed a writ petition seeking direction to pay more than Rs.10 crores for completed works. The Court found no dispute regarding raised bills and directed respondents to pay admitted amounts within four months.

What did the court decide?

Respondents directed to pay admitted bills to petitioner within four months; payments can be made in installments.

Joseph John Vs the Managing Director — Contract and Commercial Disputes | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

WEDNESDAY, THE 1ST DAY OF FEBRUARY 2017/12TH MAGHA, 1938

¶5

WP(C).No. 822 of 2017 (C)

¶6

PETITIONER:

¶7

JOSEPH JOHN, MONIPILLIL HOUSE, AVOLY P.O. ANICADU, MUVATTUPUZHA, ERNAKULAM DIST. BY ADVS.SRI.JOMY GEORGE SRI.DEEPAK MOHAN KUM.M .ANJU THOMAS

¶8

RESPONDENT(S):

¶9

1. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM- 695 033.

¶10

2. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE, MUVATTUPUZHA, ERNAKULAM - 686 661.

¶11

3. SUPERINTENDING ENGINEER, P.H.CIRCLE, KERALA WATER AUTHORITY, KOTTAYAM- 686 002.

¶12

4. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE PALAKKAD- 678 001

¶13

5. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION, MUVATTUPUZHA ERNAKULAM- 686 661.

¶14

6. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION, KOTTAYAM- 686 002.

¶15

7. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION, KATTAPPANA, VELLAYAMKUDY P.O. IDUKKI- 685 515.

-2-

WPC 822 OF 2017:

-2-

8. EXECUTIVE ENGINEER, WATER SUPPLY PROJECT DIVISION KERALA WATER AUTHORITY, KALAMANDAPAM PALAKKAD- 678 001.

¶20

9. ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION, KATTAPPAPANA, VELLAYAMKUDY P.O. IDUKKI - 685 515.

¶21

BY ADV. SRI.GEORGE MATHEW, SC

¶22

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶23

K.V.

¶24

WP(C).No. 822 of 2017 (C)

¶25

APPENDIX

¶26

PETITIONER(S)' EXHIBITS

¶27

EXHIBTP1 TRUE COPY OF THE AGREEMENT HAVING NO.21/2012- 13/SE/PHC/MVPA DATED 11-09-2012 ENTERED BETWEEN THE PETITIONER AND THE SECOND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE AGREEMENT HAVING NO.18/2015- 16/SE/PHC/MVPA DATED 11-01-2013 ENTERED BETWEEN THE PETITIONER AND THE SECOND RESPONDENT.
EXHIBTP3 TRUE COPY OF THE AGREEMENT HAVING NO.27/2013- 14/SE/PHC/MVPA DATED 19-07-2013 ENTERED BETWEEN THE PETITIONER AND THE SECOND RESPONDENT.
EXHIBTP4 TRUE COPY OF THE AGREEMENT HAVING NO.39/2013- 14/SE/PHC/MVPA DATED 20-09-2013 ENTERED BETWEEN THE PETITIONER AND THE SECOND RESPONDENT.
EXHIBTP5 TRUE COPY OF THE AGREEMENT HAVING NO.05/SE/PHC/MVPA DATED 2015-16 ENTERED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT
EXHIBTP6 TRUE COPY OF THE AGREEMENT HAVING NO.3/SE/PHC/MVPA DATED 06-08-2016ENTERED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT.
EXHIBTP7 TRUE COPY OF THE AGREEMENT HAVING NO21/13-14/SE/PHC/MVPA DATED 20-03-2014 ENTERED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT.
EXHIBIT8 TRUE COPY OF THE AGREEMENT HAVING NO 04/2014- 15/SE/PHC/MVPA DATED 21/4/2014 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT.
EXHIBTP9 TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS. 93,76,247/- PAYABLE TO THE PETITIONER AS 5TH AND FINAL BILL WITH REGARD TO THE COMPETITION OF WORK AS PER EXHIBIT P-1.
EXHIBIT P10 TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS. 1,78,92,792/- PAYABLE TO THE PETITIONER AS CC 1ST AND PART BILL WITH REGARD TO THE COMPETITION OF WORK AS PER EXHIBIT P2
EXHIBTP11 TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS. 67,37,947- PAYABLE TO THE PETITIONER AS CC 2ND AND PART BILL WITH REGARD TO THE COMPETITION OF WORK AS PER EXHIBIT P2
EXHIBTP12 TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS. 1,19,58166/- PAYABLE TO THE PETITIONER AS CC 3RD AND FINAL BILL WITH REGARD TO THE COMPETITION OF WORK AS PER EXHIBIT P2.

-2-

-2-

WPC 822 OF 2017:

EXHIBTP13 TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS. 75,74,163- PAYABLE TO THE PETITIONER AS CC 7TH AND FINAL BILL WITH REGARD TO THE COMPETITION OF WORK AS PER EXHIBIT P3.

¶32

EXHIBTP14 TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS.33,78,033 PAYABLE TO THE PETITIONER AS CC8TH AND FINAL BILL WITH REGARD TO THE COMPLETION OF WORK AS PER EXHIBIT P-3

¶33

EXHIBIT P15 TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS. 55,27,406- PAYABLE TO THE

¶34

PETITIONER AS CC 5TH AND FINAL BILL WITH REGARD TO THE COMPETITION OF WORK AS PER EXHIBIT P4.

¶35

EXHIBTP16 TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS. 24,12,907- PAYABLE TO THE PETITIONER AS CC FINAL BILL WITH REGARD TO THE COMPETITION OF WORK AS PER EXHIBIT P4.

¶36

EXHIBIT P17 TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS. 67,04,803- PAYABLE TO THE PETITIONER AS CC 1ST PART BILL WITH REGARD TO THE COMPETITION OF WORK AS PER EXHIBIT P5

¶37

EXHIBIT P18 TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS.45,58,812- PAYABLE TO THE

¶38

PETITIONER AS CC 1ST AND PART BILL WITH REGARD TO THE COMPETITION OF WORK AS PER EXHIBIT P6.

¶39

EXHIBTP19 TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS.2,14,04,143- PAYABLE TO THE

¶40

PETITIONER AS CC 3RD AND PART BILL WITH REGARD TO THE COMPETITION OF WORK AS PER EXHIBIT P7.

¶41

EXHIBTP20 TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS.46,85,720- PAYABLE TO THE PETITIONER AS CC 3RD AND PART BILL WITH REGARD TO THE COMPETITION OF WORK AS PER EXHIBIT P8

¶42

EXHIBTP21 TRUE COPY OF THE VOUCHER ISSUED BY THE 7TH RESPONDENT FOR AN AMOUNT OF RS.19,24,092- PAYABLE TO THE PETITIONER AS CC 4TH AND FINAL BILL WITH REGARD TO THE COMPETITION OF

¶43

WORK AS PER EXHIBIT P8

¶44

EXHIBIT P22 TRUE COPY OF THE WORK COMPLETION/COMMISSIONING CERTIFICATE DATED 29-07-2016 ISSUED BY THE 9TH RESPONDENT WITH REGARD TO THE COMPLETION OF WORK AS PER EXHIBIT P-4.

¶45

EXHIBIT P23 TRUE COPY OF THE WORK COMPLETION/COMMISSIONING CERTIFICATE ISSUED BY THE 9TH RESPONDENT WITH REGARD TO THE COMPLETION OF WORK AS PER EXHIBIT P-3

¶46

EXHIBTOP24 TRUE COPY OF THE WORK COMPLETION/COMMISSIONING CERTIFICATE DATED 15-12-2016 SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT WITH REGARD TO THE PAYMENT OF EXHIBIT P1 WORK.

-3-

-3-

WPC 822 OF 2017:

EXHIBTP25 TRUE COPY OF THE REPRESENTATION DATED 21-12-2016 SUBMITTED BY THE PETITIONER BEFORE THE 7THR RESPONDENT WITH REGARD TO THE PAYMENT OF EXHIBIT P2 WORK EXHIBTP26 TRUE COPY OF THE REPRESENTATION DATED 21-12-2016 SUBMITTED BY THE PETITIONER BEFORE THE 8TH RESPONDENT WITH REGARD TO THE PAYMENT OF EXHIBIT P-7 EXHIBTP27 TRUE COPY OF THE REPRESENTATION DATED 21-12-2016 SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT WITH REGARD TO THE PAYMENT OF EXHIBIT P-4 WORK EXHIBTP28 TRUE COPY OF THE REPRESENTATION DATED 15-12-2016 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT WITH REGARD TO THE PAYMENT OF EXHIBIT P-6 WORK EXHIBITP29 TRUE COPY OF THE REPRESENTATION DATED 15-12-2016 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT WITH REGARD TO THE PAYMENT OF EXHIBIT P-6 WORK. EXHIBIT P30 TRUE COPY OF THE REPRESENTATION DATED 15-12-2016 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT WITH REGARD TO THE PAYMENT OF EXHIBIT P-5 WORK EXHIBTP31 TRUE COPY OF THE REPRESENTATION DATED 26-11-2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH REGARD TO THE PAYMENT OF EXHIBIT P-3 WORK.

¶51

RESPONDENT(S)' EXHIBITS NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

SHAJI P. CHALY, J.

¶56

W.P.(C). No.822 of 2017 ----------------------------------------------Dated this the 1^st day of February, 2017

¶57

JUDGMENT

¶58

Petitioner is a Government Contractor, who was entrusted with various works by the Kerala Water Authority. According to the petitioner, the works were completed, evident from Exts.P2 and P3 work completion certificates. Even though Exts.P9 to P21 part bills and final bills were submitted, no action was initiated by the respondents. It is also submitted that more than Rs.10 Crores is due from the respondent Water Authority. However, in spite of all earnest efforts of the petitioner, no fruitful results could be achieved. It is in this background seeking appropriate direction this writ petition is filed.

¶59

Having Heard learned counsel for petitioner and learned Standing Counsel and on finding that there is no dispute with respect to the bills raised, there will be a direction to the competent among respondents to pay the

¶60

W.P.(C). No.822 of 2017

¶61

¶62

admitted amounts to the petitioner within four months from the date of receipt of a copy of this judgment. It is also made clear that the said amount can be paid in installments, however, within the time limit prescribed above.

¶63

Learned Standing Counsel submitted that, it is the deposit work and funds are not provided by the State Government. Kerala Water Authority will be at liberty to make proper request to the State Government in order to comply with the directions issued by this court in the judgment.

¶64

Writ petition is disposed of accordingly.

¶65

Sd/-

¶66

smv 01.02.2017

Joseph John v. the Managing Director

Case brief

What is this about?

What did the court decide?

Joseph John v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

St.Mary'S Jacobite Syrian Church Vs Mohammed Y. Safirulla

Jiju Thomas Vs Salim

Sreekumar M Vs Sri. B.Srinivas IAS

Sulaiman Kunju Vs the District Collector

Joseph Velupuzhakkal Vs State of Kerala

Suresh Mathew Vs State of Kerala