Petitioner contracted work for KWA and sought relief for non-disbursement of part and final bill proceeds. Court directed KWA to pay admitted dues within three months.
Direction to disburse part bill and final bill within three months from the date of receipt of a copy of this judgment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 09TH DAY OF DECEMBER 2019 / 18TH AGRAHAYANA, 1941
WP(C).No.27448 OF 2019(E)
PETITIONER:
K.I.PAULOSE, AGED 62 YEARS S/O.ITTIYAVARA VARKEY, KUNNEL HOUSE, KUNNACKAL P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT - 682 316.
BY ADVS. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SRI.T.ANCY SMT.N.B.FATHIMA SULFATH SMT.K.BINCYMOL SRI.DAJISH JOHN
RESPONDENTS:
1 KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM - 695 033.
2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE, MALAPPURAM - 676 505.
3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PH DIVISION, MALAPPURAM - 676 505.
W.P.(C)No.27448 of 2019
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4 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM - 695 033.
R1 YO R4 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.27448 of 2019
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J U D G M E N T
The petitioner is a contractor who has undertaken a
work of the Kerala Water Authority (KWA). The grievance of the petitioner in the writ petition concerns the inaction on the part of the KWA in disbursing the proceeds of the part bill and final bill in respect of the work referred to in the writ petition. He, therefore, seeks appropriate directions in this matter.
2 . Heard the learned counsel for the petitioner as
also the learned Standing Counsel for the KWA.
3 . Having regard to the facts and circumstances
of the case as also the orders passed by this court in similar and identical writ petitions, I deem it appropriate to dispose of the writ petition directing the competent authority, the KWA to disburse the admitted dues in respect of the part bill and final bill referred to in the writ petition, within three months from the
date of receipt of a copy of this judgment. Ordered accordingly.
Sd/P.B.SURESH KUMAR, JUDGE.
DK
W.P.(C)No.27448 of 2019
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE PHOTOCOPY OF THE ORIGINAL AGREEMENT DATED 09/06/2016 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT. EXHIBIT P2 TRUE PHOTOCOPY OF COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT P3 TRUE PHOTOCOPY OF THE CC 2ND AND FINAL BILL ISSUED BY THE 3RD RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
DK
1 issue framed by the court
Whether the competent authority of KWA is directed to disburse admitted dues of part and final bill within three months.
K.I.PaULOSE
KERALA WATER AUTHORITY
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
