This judgment addresses a writ petition filed by a contractor against the Kerala Water Authority for the delay in disbursing the proceeds of work bills. The court exercised its jurisdiction to dispose of the matter.
Directing the respondents to disburse the proceeds of the referred bills within three months.
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 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941
WP(C).No.28230 OF 2019(C)
PETITIONER:
DOMINIC.A AGED 64 YEARS S/O.AUGUSTINE, OLICKAL HOUSE, GREEN PARK, THODUPUZHA, IDUKKI DISTRICT.
BY ADVS. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SRI.T.ANCY SMT.N.B.FATHIMA SULFATH SMT.K.BINCYMOL SHRI.DAJISH JOHN
RESPONDENTS:
1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-695033.
3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, KATTAPPANA-685508.
R1-3 BY ADV. SMT.MARY BENJEMIN – SC SRI.BENJAMIN PAUL - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28230 OF 2019(C)
2
W.P.(C) No.28230 of 2019
J U D G M E N T
The petitioner who is a contractor, has executed a work for the Kerala Water Authority. The grievance of the petitioner in the writ petition concerns the delay on the part of the Kerala Water Authority in disbursing the proceeds of a part bill and the final bill raised in respect of the work referred to in the writ petition.
Having regard to the facts and circumstances of the case and the orders passed by this court in similar and identical matters, I deem it appropriate to dispose of the writ petition directing the respondents concerned to
WP(C).No.28230 OF 2019(C)
3
disburse the proceeds of the bills referred to in the writ petition, within three months. Ordered accordingly.
Sd/-
P.B.SURESH KUMAR, JUDGE.
PV
WP(C).No.28230 OF 2019(C)
4
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE AGREEMENT DATED 29.04.2015 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT.
EXHIBIT P2 TRUE PHOTOCOPY OF WORK COMPLETION CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER KERALA WATER AUTHORITY PROJECT DIVISION KATTAPPANA.
EXHIBIT P3 TRUE PHOTOCOPY OF THE CB3 VOUCHER [CC 2ND & PART BILL] ISSUED BY THE 3RD RESPONDENT FOR AN AMOUNT OF RS.1,19,55,124/-.
EXHIBIT P4 TRUE PHOTOCOPY OF THE CB3 VOUCHER [CC 3RD PART BILL & FINAL BILL] ISSUED BY THE 3RD RESPONDENT FOR AN AMOUNT OF RS.27,58,454/-.
RESPONDENTS' EXHIBITS: NIL
\TRUE COPY//
PA TO JUDGE
PV
1 issue framed by the court
Whether the writ petition concerning delay in disbursement of work proceeds by the Kerala Water Authority deserves discretionary intervention?
1 provisions across 1 enactments
Dominic.A
Kerala Water Authority
Superintending Engineer, Kerala Water Authority
Executive Engineer, Project Division, Kerala Water Authority
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
