The court dismissed a writ petition filed by a contractor against the Kerala Water Authority. The authority had withheld a security deposit despite the defect liability period expiring and no work defects being present. The petition was allowed.
The writ petition was disposed of directing the respondents to disburse the security deposit within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941
WP(C).No.25967 OF 2019(U)
PETITIONER/S:
AMBUJAKSHAN.K AGED 55 YEARS S/O. KESAVAN, RESIDING AT NEDUMTHARAYIL HOUSE, VYTHIRI POST, WAYANAD DISTRICT
BY ADV. SMT.TESSY JOSE
RESPONDENT/S:
1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM PO, THIRUVANANTHAPURAM - 33
2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, P.H. CIRCLE, MALAPARAMBA, KOZHIKODE - 9
R1-2 BY SRI.MILLU DANDAPANI, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.25967 OF 2019(U) 2
J U D G M E N T
The petitioner is a contractor who has executed a work for the Kerala Water Authority. It is stated that the petitioner has carried out the work satisfactorily and the defect liability period is over. The grievance of the petitioner in the writ petition concerns the conduct of the respondents in withholding the security deposit of the work after the expiry of the defect liability period. The petitioner therefore, seeks appropriate directions in this regard in the writ petition.
The respondents have no case that the work executed by the petitioner is defective in any manner. In the circumstances, the writ petition is disposed of directing the respondents to disburse the security deposit in respect of the work referred to in the writ petition, within six weeks.
SD/-
P.B.SURESH KUMAR
JUDGE
rmm
WP(C).No.25967 OF 2019(U) 3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
TRUE COPY OF LATEST REPRESENTATION DT. 15.2.2019 SENT BY THE PETITIONER TO THE 2ND RESPONDENT
RESPONDENTS EXHIBITS NIL
// TRUE COPY //
PA. TO JUDGE
1 issue framed by the court
Whether the respondents are directed to disburse the security deposit withheld after the expiry of the defect liability period for satisfactory work executed by the petitioner.
AMBUJAKSHAN.K
KERALA WATER AUTHORITY
THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY
P.B.SURES M KUMAR
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
