Disposed

Kamalasanan K. v. the Kerala Water Authority

Kerala HC15 Nov 2019WP(C)/26594/2019

Case brief

AI extract

What is this about?

The High Court of Kerala granted directions to evince natural justice. The Court ordered the Superintendent Engineer to consider the petitioner's representation on due payments, pass an order after hearing, and reply within two months. The writ petition was disposed of accordingly.

What did the court decide?

Directions issued to the 2nd and Superintending Engineer to consider the representation, hear the petitioner, and pass an order within two months.

Kamalasanan K. Vs the Kerala Water Authority — Contract and Commercial Disputes | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

FRIDAY, THE 15TH DAY OF NOVEMBER 2019 / 24TH KARTHIKA, 1941

¶5

WP(C).No.26594 OF 2019(Y)

¶6

PETITIONER:

¶7

KAMALASANAN K. AGED 63 YEARS S/O. KUNHU PILLAI, ZINSARA, KANCHIRAVALAVU, MYKKAD P.O., KOTIYAM, KOLLAM-691 571.

¶8

BY ADVS. SRI.R.PARTHASARATHY SMT.SEEMA

¶9

RESPONDENTS:

¶10

1 THE KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695 033.

¶11

2 SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, KANNUR CIRCLE, THANA, KANNUR.

¶12

3 EXECUTIVE ENGINEER PH DIVISION, KERALA WATER AUTHORITY, THANA, KANNUR670 012.

¶13

4 ASSISTANT EXECUTIVE ENGINEER PH SUB DIVISION, KERALA WATER AUTHORITY, THALASSERY-679 335.

¶14

5 ASSISTANT ENGINEER P.H. SECTION, KERALA WATER AUTHORITY, THALASSERY-679 335.

¶15

R1-5 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).No.26594/19

JUDGMENT

Dated this the 15th day of November 2019

¶21

The petitioner, who was a licensed 'A' class contractor under

¶22

the Kerala Water Authority, has approached this Court seeking directions to the respondents to pay the amounts due for the work done by him as per Exhibit P1 agreement. It is submitted that seeking payment of amounts due to the petitioner, he has submitted Exhibit P4 representation before the 2^nd respondent, but no orders have been passed on the same.

¶23

The learned standing counsel for the respondent submits that a counter affidavit has been placed on record and that the petitioner's claim is not tenable.

¶24

I have considered the contentions advanced. I am of the opinion that since Exhibit P4 representation had been preferred by the petitioner before the 2^nd respondent as early as in July, 2019, the matter ought to have been considered by

¶25

W.P.(C).No.26594/19

¶26

¶27

the 2^nd respondent and appropriate orders should have been passed by the 2^nd respondent, informing the petitioner of the reasons for the non-disbursement of the amount due to him. In case the petitioner makes a further representation before the Superintending Engineer, taking note of the contentions in the counter affidavit filed by the respondents as well, the Superintending Engineer shall take up the representation preferred by the petitioner and shall pass orders on the same, after hearing the petitioner also, within a period of two months from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of this judgment along with the further representation before the 2^nd respondent for compliance.

¶28

The writ petition is ordered accordingly.

¶29

sd/- Anu Sivaraman, Judge

W.P.(C).No.26594/19

APPENDIX

PETITIONER'S EXHIBITS:

¶35

EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO.16/20012002/SE/KNR DATED 30.11.2001.

¶36

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED TO ASSISTANT EXECUTIVE ENGINEER ON 30.8.2017.

¶37

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE SUPERINTEND ENGINEER, PH CIRCLE KANNUR DATED 30.8.2017. EXHIBIT P4 TRUE COY OF THE REPRESENTATION MADE TO SUPERINTEND ENGINEER DATED 5.7.2019. EXHIBIT P4 A TRUE COPY OF THE ACKNOWLEDGMENT FOR THE RECEIPT OF EXT.P4 RESPRESENTATION DATED 9.7.2019. EXHIBIT P5 DETAILS OF THE BILLS SUBMITTED BY THE PETITIONER. EXHIBIT P6 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE TRAVANCORE MEDICITY, KOLLAM TO PETITIONER DATED 6.10.2017.

¶38

True copy

¶39

PS to Judge

Kamalasanan K. v. the Kerala Water Authority

Case brief

What is this about?

What did the court decide?

Kamalasanan K. v. the Kerala Water Authority

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

P.D.Baby Vs District Collector

Sankar Dinesh Kamath Vs National Council of Educational Research and Training

A.R.Mohammed Rafi Vs Kerala State Road Transport Corporation

M.J.Johny Vs State of Kerala

Pradeepan.R., Vs State of Kerala

K.K.Samuel Vs a.Shajahan, IAS