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K.Kannan v. S.Venkatesapathy IAS

Kerala HC1 Jul 2021Con.Case(C)/1326/2020

Case brief

AI extract

What is this about?

This is a Contempt of Court case filed alleging non-compliance with directions to release retention amounts. The Court held that amounts due are liable to be released but permitted respondents to make recoveries in accordance with law if legally sustainable. The matter was closed by directing release within a week. No substantive judgment was delivered beyond this order.

What did the court decide?

Directing the respondents to release the amounts due to the petitioner within a week from the date of the order, subject to the condition that any legally permissible recoveries may be made in accorda

K.Kannan Vs S.Venkatesapathy IAS — Contempt of Court | Kerala HC (2021)

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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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THURSDAY, THE 1^ST DAY OF JULY 2021 / 10TH ASHADHA, 1943

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CON.CASE(C) NO. 1326 OF 2020 JUDGMENT IN WP(C) 11987/2020 OF HIGH COURT OF KERALA DATED 3.7.2020

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PETITIONER :-

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K.KANNAN, AGED 58 YEARS S/O. KARUNAN, RESIDING AT AMRUTHAM, CHIRAKKAL, CHIRAKKAL P O, KANNUR - 670011.

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BY ADVS. SRI.P.C.SASIDHARAN SRI.GOPIDAS E.N.

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RESPONDENTS :-

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1 SRI.S.VENKATESAPATHY IAS MANAGING DIRECTOR, THE KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM – 695 033

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2 SRI.ANILKUMAR K.K SUPERINTENDING ENGINEER, PH CIRCLE, KERALA WATER AUTHORITY, MOOVATTUPUZHA – 686 661.

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3 SMT.SHEELA P K EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, KATTAPPANA – 685 515.

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4 SRI.SHIJITH FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.

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BY ADV SRI.P.BENJAMIN PAUL, SC, KWA

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CON.CASE(C) NO. 1326 OF 2020

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-: 2 :-

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JUDGMENT

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This Contempt of Court Case is filed alleging non-compliance

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with the directions contained in Annexure A1 judgment dated 3.7.2020. In the said judgment, there was a direction to the respondents to release the retention amounts due to the petitioner as covered by Ext.P3 agreement within one month. It is submitted that thereafter, the admitted amounts due to the petitioner had been released, however, substantial amounts had been withheld on the ground that there are departmental recoveries against the petitioner. 2. It is contended by the learned counsel for the petitioner that no recoveries have been ordered against the petitioner in any manner known to law and that no amount has been quantified with notice to the petitioner. It is submitted that only an amount of Rs.23,50,052/- has been released to the petitioner and that the balance amounts due as per the judgment are liable to be released.

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The learned Standing Counsel for the respondents admits that as of now, no amounts have been quantified as being due from the petitioner with notice to the petitioner. It is, therefore, contended that in case any recovery of any loss is legally permissible, the respondents may be permitted to make such recoveries in accordance

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CON.CASE(C) NO. 1326 OF 2020

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-: 3 :-

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with law. Subject to the said condition, it is contended that the amounts due as stated by the petitioner can be released to the petitioner.

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Having considered the contentions advanced on both sides, I am of the opinion that since this Court had directed the release of the amounts due to the petitioner including the retention amounts in terms of the agreement, the amounts due are liable to be so released. Of course, it will be open to the respondents to make recoveries, if any, in accordance with law, if found legally sustainable. It is submitted that the amounts due will be released within a week from today.

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The Contempt of Court Case is, accordingly, closed recording the submission of the learned Standing Counsel that the amounts due shall be released within a week from today, subject, of course, to the condition that in case recoveries are legally possible, the same can be made in accordance with law.

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Sd/-

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ANU SIVARAMAN JUDGE

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Jvt/2.7.2021

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CON.CASE(C) NO. 1326 OF 2020

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-: 4 :-

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APPENDIX OF CON.CASE(C) 1326/2020

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PETITIONER ANNEXURE

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ANNEXURE A1 TRUE COPY OF THE JUDGMENT IN WP(C) 11987 OF 2020 DATED 03.07.2020.

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ANNEXURE A2 TRUE COPY OF THE JUDGMENT IN W.P.(C) 7487 OF 2019 AND CONNECTED CASES.

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RESPONDENTS' ANNEXURE

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ANNEXURE R2(a) TRUE COPY OF THE RELEVANT PAGES SHOWING CLAUSE 8.16 AND 8.16.1 REGARDING BREAK UP OF PAYMENT IN THE EXT.P3 AGREEMENT.

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ANNEXURE R2(b) TRUE COPY OF THE RELEVANT PAGES SHOWING CLAUSE 8.12 AND 8.12.1 IN THE EXT.P3 AGREEMENT.

K.Kannan v. S.Venkatesapathy IAS

Case brief

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K.Kannan v. S.Venkatesapathy IAS

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