Disposed

Sakeer Hussain v. State of Kerala

Kerala HC10 Feb 2020WP(C)/827/2020

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition seeking payment for completed works. Withdrawing the respondent's defense of financial stringency regarding an admitted liability, the Court directed respondents to disburse the due amount within three months of the judgment date.

What did the court decide?

Directed respondents to disburse the bill amount due to the petitioner as per Exhibit P1 voucher within three months from the date of receipt of the judgment copy.

Sakeer Hussain Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 10TH DAY OF FEBRUARY 2020 / 21ST MAGHA, 1941

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WP(C).No.827 OF 2020(C)

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PETITIONER :-

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SAKEER HUSSAIN, AGED 50 YEARS, S/O.KUNHIMUHAMMED, P.W.D.CONTRACTOR, VADAKKU VEETTIL HOUSE, PAPPINIPPARA P.O, MANJERI, MALAPPURAM DISTRICT.

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BY ADVS.SRI.C.M.MOHAMMED IQUABAL

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SMT.ANJALI G.KRISHNAN SMT.N.S.SOUMYA MOL

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SRI.P.ABDUL NISHAD

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RESPONDENTS :-

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE IRRIGATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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2 THE KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695 033, REPRESENTED BY ITS CHAIRMAN.

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3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H. DIVISION, MALAPPURAM DISTRICT, PIN - 676 505.

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4 THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H. DIVISION, MALAPPURAM DISTRICT, PIN - 676 505.

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5 THE FINANCE MANAGER, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM, PIN - 695 033.

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R1 BY SMT.PRINCY XAVIER, GP R2 TO R5 BY SRI.MILLU DANDAPANI, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.827 OF 2020(C)

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-: 2 :-

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JUDGMENT

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Dated this the 10th day of February 2020

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The Petitioner has approached this Court seeking the following prayer :-

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“Issue a Writ of Mandamus or any other appropriate writ order or direction directing the respondents to pay the amount due as per Ext.P2 proforma within a time stipulated by this Hon'ble Court.”

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Heard the learned counsel for the petitioner and the learned standing counsel appearing for respondents 2 to 5.

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It is submitted by the learned counsel for the petitioner that the petitioner had completed the works within the time stipulated in the agreement, submitted a final bill along with a voucher for payment and that the same is liable to be sanctioned and disbursed by the respondents.

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The learned Standing Counsel appearing for respondents 2 to 5 submits that the bill amounts are admitted, but it is only due to financial stringency that the amounts have not been disbursed and some time is required to clear off the same.

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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

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WP(C).No.827 OF 2020(C)

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-: 3 :-

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petitioner as covered by Ext.P1 within a period of three months

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from the date of receipt of a copy of this judgment.

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The writ petition is ordered accordingly.

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Sd/ANU SIVARAMAN JUDGE

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Jvt/12.2.2020

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WP(C).No.827 OF 2020(C)

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-: 4 :-

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE VOUCHER SUBMITTED BEFORE THE 4TH RESPONDENT. EXHIBIT P2 THE TRUE COPY OF THE PROFORMA FOR FUND REQUEST DATED NIL. EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT DATED 26.10.2018.

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//TRUE COPY//

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P.A. TO JUDGE

Sakeer Hussain v. State of Kerala

Case brief

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Sakeer Hussain v. State of Kerala

Case brief

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