A writ petition filed by a contractor against Kerala Water Authority concerning delays in disbursement of bill proceeds was disposed of on the same day by a direction to distribute proceeds within two months.
Respondents directed to disburse bill proceeds within two months of receiving a copy of the 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 MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 10TH DAY OF AUGUST 2021 / 19TH SRAVANA, 1943 WP(C) NO. 11937 OF 2021
PETITIONER:
P.M.SUNNY, AGED 57 YEARS S/O. P.T.MATHEW, PANALICKAL HOUSE, PIRAVOM P.O., ERNAKULAM DISTRICT, PIN-686664.
BY ADVS. ALIAS M.CHERIAN K.M.RAPHY ANJALY ELIAS
RESPONDENTS:
BY ADV BIJILY JOSEPH BY BENJAMIN PAUL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.11937 of 2021
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W.P.(C) No.11937 of 2021
JUDGMENT
Petitioner is a contractor who has undertaken a work of the Kerala Water Authority. The grievance voiced by the petitioner in the writ petition concerns the delay on the part of the Water Authority in disbursing the proceeds of the bills raised in respect of the said work.
Authority submits, on instructions, that the proceeds of the bills will be disbursed to the petitioner on priority basis.
Having regard to the orders passed by this Court in similar and identical matters, I deem it appropriate to dispose of the writ petition directing the respondents to disburse the proceeds of the bills raised in respect of the work, within two months from the date of receipt of a copy of this judgment. Ordered accordingly.
Sd/P.B.SURESH KUMAR, JUDGE.
ds 10.08.2021
W.P.(C) No.11937 of 2021
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APPENDIX OF WP(C) 11937/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF MEMO OF WORK TENDERED BY AGREEMENT NO.08/2019-20/SE/PHC/CHN DATED 4.9.2019 ISSUED BY 3RD RESPONDENT.
Exhibit P2
TRUE COPY OF AGREEMENT NO08/201920/SE/PHC/CHN DATED 4.9.2019 EXECUTED BY 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF FORM CB 3 VOUCHER DATED 29.4.2020 PASSED BY 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF FORM CB 3 VOUCHER DATED 31.3.2021 PASSED BY 4TH RESPONDENT.
RESPONDENTS EXHIBITS
EXT.R1(A) TRUE COPY OF THE LETTER DATED 02.07.2021 ISSUED BY THE 1ST RESPONDENT.
1 issue framed by the court
Whether the petitioner as a contractor of Kerala Water Authority is entitled to immediate distribution of bill proceeds.
P.M. SUNNY
KERALA WATER AUTHORITY HEAD OFFICE
THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER
THE SUPERINTENDING ENGINEER
THE EXECUTIVE ENGINEER
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
