Petitioner, a contractor, challenged delay in payment for water supply scheme work. Respondent counsel stated payment requires six months per priority list. Court disposed of petition directing payment within six months according to that list.
Directed payment due to the petitioner within a period of six months in accordance with the priority list.
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W.P(c).No.11933/2020-N 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 16TH DAY OF NOVEMBER 2020 / 25TH KARTHIKA, 1942
WP(C).No.11933 OF 2020(N)
PETITIONER:
BINU MATHEW AGED 45 YEARS S/O. MATHEW VARGHESE, S.A. HOMES JEWEL 3, TOWER 1- A2, KALLEPULLY, PALAKKAD 678 005.
BY ADVS. SRI.JOMY GEORGE SRI.R.PADMARAJ SRI.DEEPAK MOHAN SMT. CHITRA N. DAS SHRI.RISHAB S.
RESPONDENTS:
P.H. CIRCLE, KERALA WATER AUTHORITY, PALAKKAD 678 001.
R1-3 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(c).No.11933/2020-N
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P.V.ASHA, J .
W.P(c) No.11933 of 2020-N
Dated this the 16th day of November, 2020
JUDGMENT
The petitioner is a contractor, who was awarded the work of augmentation
of Nenmara, Aylur & Melarkode phase III – Water supply scheme in Chittur, Alathur Taluk in Palakkad District-Supplying & laying distribution system by using DI, GI & PVC of size D1 K9 to 90mm PVC-CCIInd. It is stated that part bill has been pending from February, 2020 onwards.
payment can be made in accordance with the priority list and it will take at least a period of six months for the payment.
The Writ Petition is therefore disposed of directing payment due to the petitioner within a period of six months in accordance with the priority list.
Sd/- (P.V.ASHA, JUDGE)
rtr/
W.P(c).No.11933/2020-N
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT HAVING NO. 01/19-20/SE/PHC/PKD DATED 24.4.2019.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 15.02.2020 ISSUED BY THE 3RD RESPONDENT TO THE FINANCE MANAGER.
EXHIBIT P3 TRUE COPY OF VOUCHER ISSUED BY THE 3RD RESPONDENT.
1 issue framed by the court
Whether a writ petition can be disposed of by directing authorities to pay pending bills to a contractor within six months.
Binu Mathew
The Managing Director, Kerala Water Authority
Superintending Engineer, P.H. Circle
Executive Engineer, Water Supply Project Division
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
