Disposed

Mamathan Lakshmanan v. Kerala Water Authority

Kerala HC14 Dec 2017WP(C)/8487/2017

Case brief

AI extract

What is this about?

Petitioner sought direction for payment of outstanding transport charges for chlorine containers supplied to the Kerala Water Authority, alleging a dispute over verified quantities and rates. The High Court directed the Water Authority to process the petitioner's representation with proof. The petition was disposed of after granting liberty to file detailed representation.

What did the court decide?

Liberty given to file representation with proof; authority to process within a month.

Mamathan Lakshmanan Vs Kerala Water Authority — Kerala HC (2017) — LawSathi Research

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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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THURSDAY, THE 14TH DAY OF DECEMBER 2017/23RD AGRAHAYANA, 1939

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WP(C).No. 8487 of 2017 (I)

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PETITIONER(S):

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MAMATHAN LAKSHMANAN

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S/O.KANNAN, AGED 53 YEARS, ALAKKANDY HOUSE, KURIYOD PO, VENGAD, PADUVILAI AMSOM, KURIYOD DESOM, PIN 670 612.

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BY ADVS.SRI.K.V.PAVITHRAN

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SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL SRI.P.SAJU SRI.NIAS MOOPAN

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RESPONDENT(S)/RESPONDENT:

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1. KERALA WATER AUTHORITY REPRESENTED BY MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM-695001

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2. THE SUPERINTENDENT ENGINEER KERALA WATER AUTHORITY, THE CIRCLE OFFICE, THANA, KANNUR-670001

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3. THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, W.S.DIVISION, THANA, KANNUR-670001

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R1 TO R3R3 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8487 of 2017 (I)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 26.5.2015 UNDER RIGHT TO INFORMATION ACT

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EXT.P2 TRUE COPY OF THE ANSWERS DATED 22.6.2015 GIVEN BY PUBLIC INFORMATION OFFICER, KWA TO EXT.P1 APPLICATION

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EXT.P3 TRUE COPY OF THE LETTER DATED 13.10.2015 ISSUED IN REPLY TO THE APPLICATION UNDER RIGHT TO INFORMATION ACT, DATED 22.9.2015

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

W.P.(C) No.8487 of 2017

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Dated this the 14^th day of December, 2017

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JUDGMENT

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Pursuant to tender issued by the Kerala Water Authority,

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petitioner transported chlorine containers to Chavesseri Paramba plant of the respondent. According to the petitioner, the remuneration for transporting a container is Rs.12,500/and he had transported 76 chlorine tonners and he is paid the transportation charges for 53 only and an amount of Rs.2,87,500/- is remaining due from the respondent. It is in

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this background seeking appropriate direction, this writ petition is filed.

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I have heard learned counsel for the petitioner and, learned standing counsel for the respondents.

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Learned standing counsel for the respondents submitted that, if the petitioner makes a proper representation with sufficient proof for transportation, the same will be considered and necessary shall be done.

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W.P.(C) No.8487 of 2017

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Having regard to the facts and circumstances of the case, petitioner is given the liberty to file any suitable representation along with sufficient proof for transportation

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before the third respondent within two weeks from the date of receipt of a copy of this judgment. The same shall be processed by the water authority at the earliest possible time, and at any rate, within a month thereafter, by providing an opportunity of participation to the petitioner also.

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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/14/12/

Mamathan Lakshmanan v. Kerala Water Authority

Case brief

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Mamathan Lakshmanan v. Kerala Water Authority

Case brief

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