The Court issued a direction to the State and Respondents to disburse the admitted bill amount due to the petitioner within three months due to financial stringency.
Direction to disburse the bill amount within three months from the date of receipt of this judgment.
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 MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941
WP(C).No.522 OF 2020(M)
PETITIONER :-
GEORGE MATHEW, AGED 56 YEARS S/O.MATHEW, EDAPAZHATHIL HOUSE, MANJALLOOR, VAZHAKULAM P. O., MUVATTUPUZHA, ERNAKULAM DISTRICT - 686 670.
BY ADVS.SRI.GEORGE MATHEW
SRI.S.PRAVEEN SRI.M.D.SASIKUMARAN SRI.SUNIL KUMAR A.G SRI.DIPU JAMES SRI.MATHEW K.T. SRI.K.V.GEORGE
SMT.ELSA DENNY PINDIS
RESPONDENTS :-
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 KERALA WATER AUTHORITY HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033, REPRESENTED BY ITS MANAGING DIRECTOR.
5 THE FINANCE MANAGER KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033.
R2-R5 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
R1 BY SMT.VINITHA. B, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.522 OF 2020(M)
-: 2 :-
JUDGMENT
Dated this the 11th day of February 2020
The Petitioner has approached this Court seeking the
following prayers :-
learned standing counsel appearing for respondents 2 to 5.
WP(C).No.522 OF 2020(M)
-: 3 :-
In view of the fact that the respondents are admitting the liability and have raised paucity of funds as the reason for the delay, I am of the opinion that the respondents are to be given some time to pay the amounts. There will, accordingly, be a direction to the respondents to disburse the bill amount due to the petitioner as covered by Ext.P2 within a period of three months from the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/ANU SIVARAMAN JUDGE
Jvt/14.2.2020
WP(C).No.522 OF 2020(M)
-: 4 :-
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 TRUE COPY OF RELEVANT PAGES OF AGREEMENT NO.9/19- |
|---|---|
| 20/SE/PHC/PKD DATED 10.10.2019 ENTERED INTO BETWEEN THE PETITIONER AND 3RD RESPONDENT. |
|
| EXHIBIT | P2 TRUE COPY OF PERFORMA FOR FUND REQUEST ALONG WITH FORWARDING LETTER NO.KWA/WSP/PKD/D1.921/11 DATED |
| 20.12.2019. |
1 issue framed by the court
Whether the respondents are liable to release the admitted bill amounts to the petitioner for completed works.
George Mathew
State of Kerala
Kerala Water Authority
Superintending Engineer Kerala Water Authority
Executive Engineer Kerala Water Authority
The Finance Manager Kerala Water Authority
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
