Dismissed
Maria Constructions v. Kerala Water Authority
Kerala HCWP(C)/13078/2021
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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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
THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
WP(C) NO. 13078 OF 2021
PETITIONER:
MARIA CONSTRUCTIONS
REP. BY ITS MANAGING PARTNER, K.L.JOSE, AGED 64 YEARS, S/O.KAKKANATTU LOUIS, 14/1375, KAKKANAT, THOTTIKPEEDIKA, CHEVARAMBALAM P.O., KOZHIKODE 673 017
BY ADVS. ELDHO PAUL TESSY JOSE
RESPONDENTS:
1 KERALA WATER AUTHORITY REP. BY THE MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 033
BY ADV SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13078 OF 2021
2
W.P.(C)No.13078 of 2021
J U D G M E N T
The grievance voiced by the petitioner in the writ petition concerns the inaction on the part of the respondents in disbursing the proceeds of the fourth part bill of the work referred to in the writ petition, which is stated to have been executed by the petitioner satisfactorily.
Having regard to the facts and circumstances of the case, especially the orders passed by this court in similar and identical writ petitions , the writ petition is disposed of directing the respondents to disburse the amounts covered by the fourth part bill of the work referred to in the writ petition within three months.
Sd/-
P.B.SURESH KUMAR
JUDGE
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WP(C) NO. 13078 OF 2021
1
APPENDIX OF WP(C) 13078/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 22.5.2020 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT
Exhibit P2
TRUE COPY OF COMMUNICATION DATED 7.5.2021 ISSUED BY 3RD RESPONDENT TO THE 4TH RESPONDENT FOR FUND REQUST
3 issues framed by the court
Whether the respondents are directed to disburse the proceed of the fourth part bill of the work executed by the petitioner.
Whether the petition is disposed of by directing the payment within three months despite paucity of funds.
Whether identical writ petitions allow for similar directions by the court.
MARIA CONSTRUCTIONS
KERALA WATER AUTHORITY
THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY
THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY
THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER KERALA WATER AUTHORITY
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court