Writ petition filed by a government contractor seeking processing and release of final bill. Court directed respondents to process final bill within 45 days and release funds if no legal impediments exist.
Direction to process final bill within 45 days and release amount if no legal impediments.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 7TH DAY OF JUNE 2018 / 17TH JYAISHTA, 1940
WP(C).No. 9475 of 2018
PETITIONER :
MATHEW PAUL, AGED 26 YEARS, S/O. E.M. PAULOSE, EDAPPARAYIL HOUSE, KADAYIRUPPU.P.O. KOLENCHERRY- 682 311, ERNAKULAM DISTRICT
BY ADVS.SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SRI.K.S.SUMEESH SRI.T.ANCY SMT.NIVYA VALSAN SMT.N.B.FATHIMA SULFATH
RESPONDENTS :
1. KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR JALABHAVAN, THIRUVANANTHAPURAM- 695 033.
2. THE SUPERINTENDING ENGINEER, PH CIRCLE, KERALA WATER AUTHORITY, KOCHI-11.
3. THE EXECUTIVE ENGINEER, PH DIVISION, OFFICE OF THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, KOCHI-682016.
BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 9475 of 2018 (H)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 THE PHOTOCOPY OF THE AGREEMENT DATED 7.4.2016 SIGNED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT EXHIBIT P2 THE PHOTOCOPY OF THE SUPPLEMENTAL AGREEMENT SIGNED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT DATED 7.9.2016 EXHIBIT P3 THE PHOTOCOPY OF THE SELECTION NOTICE ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 THE PHOTOCOPY OF THE JUDGMENT DATED 12.12.2017 IN WPC NO 39937/2017 EXHIBIT P5 THE PHOTOCOPY OF THE MINUTES DATED 18.1.2018 EXHIBIT P6 THE PHOTOCOPY OF THE LAWYER NOTICE DATED 21.2.2018
RESPONDENT(S)' EXHIBITS
NIL TRUE COPY P.S. TO JUDGE
EL
7.6.2018
SHAJI P. CHALY, J.
W.P.(C)No.9475 of 2018
Dated this the 7th day of June, 2018
JUDGMENT
Petitioner is a registered Government contractor engaged
by the Kerala Water Authority for replacing the existing 400 mm
premo, 150/100 mm AC etc., etc. Agreement was entered into
between the petitioner and the second respondent on 7.4.2016.
However, according to the petitioner, the work could not be
completed due to non-availability of the land which was a
matter to be provided by the water authority. Petitioner was
before this Court earlier by filing WP(C)No. 39937/2017, and a
judgment was rendered on 12.12.2017, whereby, the water
authority was directed to take a decision in the representation
submitted by the petitioner. Accordingly, now, Ext.P5 order is
passed relieving the petitioner from the work carried out by the
W.P.(C)No.9475 of 2018
2
petitioner. Accordingly, petitioner has issued Ext.P6 notice
dated 21.2.2018 to process the final bill, however, no action is
initiated. This constrained the petitioner to approach this Court
by filing this writ petition
learned standing counsel and realising that there is no much dispute with respect to the relief sought for by the petitioner, I
am of the considered opinion that, the writ petition can be
disposed of with appropriate directions.
dispute with respect to the issues raised by the petitioner in this
writ petition, but, some time is required to process the final
bill and then release the amount to the petitioner,
case, there will be a direction to the respondents to process the
W.P.(C)No.9475 of 2018
3
final bill of the petitioner, at the earliest possible, and at any
rate, within 45 days from the date of receipt of a copy of this
judgment, and if there are no other legal impediments standing
in the way, it shall be released to the petitioner, at the earliest
possible time.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE
dlk/7/6/18
2 issues framed by the court
Whether the respondents should be directed to process and release the final bill for the petitioner's work.
Whether any time period should be fixed for the processing of the bill.
Mathew Paul
Kerala Water Authority
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
