Court disposed of twin writ petitions filed for release of certified copy and part bills for water supply projects. Respondents undertook to remit amount within three months of receipt of judgment copy.
Court recorded submission that payment would be made within three months of judgment receipt and disposed of petitions.
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 SMT. JUSTICE P.V.ASHA
FRIDAY, THE 16TH DAY OF OCTOBER 2020 / 24TH ASWINA, 1942
WP(C).No.16889 OF 2020(I)
PETITIONER:
JAMES PAUL AGED 43 YEARS, S/O. PAUL K. JACOB, KIZHAKKEBHAGAM HOUSE, KADAVOOR, KOTHAMANGALAM, ERNAKULAM DISTRICT - 686 671
BY ADVS. SRI.ANIL GEORGE SRI.JOBY JACOB PULICKEKUDY
RESPONDENTS:
1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM - 695 033
**2 THE SUPERINTENDING ENGINEER, PH CIRCLE, KERALA WATER AUTHORITY, KOLLAM - 691 001 3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, JALABHAVAN, KOLLAM - 691 001 4 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM - 695 033 5 THE CHIEF GENERAL MANAGER, NABARD, KERALA REGIONAL OFFICE, PUNNAN ROAD, THIRUVANANTHAPURAM - 695 001 ADDL R6 IMPLEADED ADDL.R6 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT (FINANCE), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001 ADDITIONAL 6TH RESPONDENT IS IMPLEADED AS PER
WP(C).Nos.16889
& 17253 OF 2020 : 2 :
ORDER DATED 16.10.2020 IN I.A.NO.1/2020 IN WP(C) NO.16889/2020 R1-R4 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY R5 BY SRI.K.P.SUJESH KUMAR, SC, NABARD ADDL.R6 BY SMT.VINITHA.B., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.10.2020, ALONG WITH WP(C).17253/2020(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.16889
& 17253 OF 2020 : 3 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 16TH DAY OF OCTOBER 2020 / 24TH ASWINA, 1942
WP(C).No.17253 OF 2020(F)
PETITIONER:
JAMES PAUL, AGED 43 YEARS
S/O.PAUL K.JACOB, KIZHAKKEBHAGAM HOSUE, KADAVOOR, KOTHAMANGALAM, ERNAKULAM DISTRICT-686 671.
BY ADVS.
SRI.ANIL GEORGE SRI.JOBY JACOB PULICKEKUDY
RESPONDENTS:
1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM-695 033.
R1-R4 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.10.2020, ALONG WITH WP(C).16889/2020(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.16889
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JUDGMENT
Dated this the 16th day of October 2020
The very same petitioner has filed both these writ petitions for
payment of bill in respect of the very same work, executing Ext.P1 agreement dated 20.06.2019 for the work “NABARD – RIDF – XXIV Water Supply Projects – WSS to Thrikkovilvattom and Nedumpana Panchayaths – Phase II – Part I – Distribution System Thrikkovilvattom Panchayath – Zone IV”. This writ petition is filed for a direction to the respondents to release the CC II and Part Bill in W.P.(C).No.16889/2020 and for releasing CC 1st and Part Bill in W.P. (C).No.17253/2020.
Standing Counsel for the Water Authority submits that the payment can be made within a period of three months from the date of receipt
WP(C).Nos.16889
& 17253 OF 2020
: 5 :
of a copy of this judgment.
The writ petition is disposed of recording the above
submission.
Sd/-
P.V.ASHA
JUDGE
Bb/19/10/2020
WP(C).Nos.16889
& 17253 OF 2020 : 6 :
APPENDIX OF WP(C) 16889/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE PHOTOCOPY OF THE ORIGINAL AGREEMENT DATED 20-06-2019 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT EXHIBIT P2 TRUE PHOTOCOPY OF THE CC IIND AND PART BILL ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE PHOTOCOPY OF COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 30-04-2020
RESPONDENTS' EXHIBITS:
NIL
P.A to Judge
Bb
WP(C).Nos.16889
& 17253 OF 2020 : 7 :
APPENDIX OF WP(C) 17253/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE PHOTOCOPY OF THE ORIGINAL AGREEMENT DATED 20.06.2019 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT. EXHIBIT P2 TRUE PHOTOCOPY OF THE CC 1ST AND PART BILL ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3 TRUE PHOTOCOPY OF COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 13.12.2019.
RESPONDENTS' EXHIBITS:
NIL
[True copy]
P.A to Judge
Bb
1 issue framed by the court
Whether the petitioners are entitled to immediate release of certified copy bills for work executed under NABARD agreement.
James Paul
Kerala Water Authority
Supply Authority
Finance Manager
Chief General Manager, NABARD
State of Kerala
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
