Dismissed

K.a.Kunhi Krishnan v. Kerala Water Authority

Kerala HC1 Nov 2019WP(C)/22708/2019

Case brief

AI extract

What is this about?

The court settled a dispute between a contractor and the Kerala Water Authority regarding the amount payable for executed work. While the petitioner claimed Rs.5.65 lakhs, the respondent admitted Rs.5.62 lakhs payable within three months. The court disposed of the writ petition by accepting this admission.

What did the court decide?

The court accepted the respondent's admission that it will pay the petitioner Rs.5,62,000/- within three months.

K.a.Kunhi Krishnan Vs Kerala Water Authority — Contract and Commercial Disputes | Kerala HC (2019)

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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 P.B.SURESH KUMAR

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FRIDAY, THE 01ST DAY OF NOVEMBER 2019 / 10TH KARTHIKA, 1941

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WP(C).No.22708 OF 2019(K)

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PETITIONER:

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K.A.KUNHI KRISHNAN AGED 62 YEARS S/O NARAYANAN, LEKSHMI, POOVATHUR, KOODALI P.O., KANNUR DISTRICT - 670 592

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BY ADV. SRI.CIBI THOMAS

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RESPONDENTS:

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1 KERALA WATER AUTHORITY JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033, REP. BY ITS MANAGING DIRECTOR

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2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, P.H,CIRCLE, KANNUR - 670 012

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3 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PROJECT DIVISION, MATTANNUR, KANNUR DISTRICT - 670 702

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R1-3 BY ADV. SMT.MARY BENJEMIN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.22708 OF 2019(K)

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W.P.(C) No.22708 of 2019

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J U D G M E N T

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The petitioner is a contractor who has undertaken a work of the Kerala Water Authority. The grievance of the petitioner in the writ petition concerns the inaction on the part of the Kerala Water Authority in considering the claim made by the petitioner based on Ext.P3 circular. It is stated that the petitioner is entitled to a sum of Rs.5,65,119/- in the light of the said circular in respect of the work executed by him.

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The learned Standing Counsel for the Kerala Water Authority, on instructions, submitted that the petitioner is entitled to only sum of Rs.5,62,000/- in terms of the circular and the same will be paid to the petitioner within three months.

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The writ petition, in the circumstances, is

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WP(C).No.22708 OF 2019(K)

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closed recording the submission made by the learned

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Standing Counsel for the Kerala Water Authority.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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WP(C).No.22708 OF 2019(K)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE E-TENDER NOTICE DATED 3.07.2017 ISSUED BY THE 2ND RESPONDENT

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EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 24.07.2017 ISSUED BY THE 2ND RESPONDENT

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EXHIBIT P3 TRUE COPY OF CIRCULAR /GST/002/17 DATED 10.08.2017 ISSUED BY THE KERALA WATER AUTHORITY

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EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 08.04.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

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EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 07.06.2018 IN W.P.(C)NO. 13676/2018

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RESPONDENTS' EXHIBITS: NIL

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\TRUE COPY//

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PA TO JUDGE

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K.a.Kunhi Krishnan v. Kerala Water Authority

Case brief

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K.a.Kunhi Krishnan v. Kerala Water Authority

Case brief

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