Disposed

M.J.Abraham v. Kerala Water Authority

Kerala HC15 Dec 2021WP(C)/16137/2021

Case brief

AI extract

What is this about?

The High Court of Kerala held that the respondent Authority cannot delay payment indefinitely citing financial crisis since the petitioner completed substantial work. The court directed payment of the due amount within five months.

What did the court decide?

The writ petition was disposed of directing the respondents to pay the amount found due to the petitioner within a period of five months.

M.J.Abraham Vs Kerala Water Authority — Service and Employment | 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 MR.JUSTICE N.NAGARESH

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WEDNESDAY,THE 15^TH DAY OF DECEMBER 2021/24TH AGRAHAYANA,1943

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WP(C) NO. 16137 OF 2021

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PETITIONER:

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M.J.ABRAHAM, AGED 60 YEARS, S/O. ULAHANNAN, MARUTHUVETTIYANICKAL HOUSE, VELIYANNOR P.O. KOTTAYAM 686 634.

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BY ADVS. JOBY JACOB PULICKEKUDY ANIL GEORGE DAJISH JOHN HARIKRISHNAN P.

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RESPONDENTS:

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1 KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM 695 033.

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2 THE SUPERINTENDING ENGINEER, PH CIRCLE, KERALA WATER AUTHORITY, PALAKKAD.

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3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H. DIVISION, SHORANUR 679 121.

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4 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM 695 033.

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

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.16137/2021

JUDGMENT

Dated this the 15^th day of December, 2021

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The petitioner entered into an agreement with the Kerala Water Authority for the work “State Plan 2019-20 – RWSS to Vaniyamkulam Grama Panchayat – Replacing old and damaged 200 mm AC class 10 gravity main with 300 mm DI K9 pipe from Kulappully to Koonathara”. Ext.P1 is the agreement executed on 04.08.2020.

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The petitioner submits that he has completed the

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work and raised bills. The 3^rd respondent has issued a Form CB3 (Contractors Bill) for an amount of `92,11,965/-. On 05.08.2021, the Federal Bank Limited has issued a letter to the petitioner requiring to clear the advances taken by the petitioner and regularise the account, failing which the petitioner is threatened with proposal to declare his account as NPA. In the circumstances, unless the amount

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WP(C)No.16137/2021

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due to the petitioner is not paid immediately, the petitioner will be put to untold loss and injury.

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The learned Standing Counsel for the

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respondents entered appearance and stated that the Kerala Water Authority is facing acute financial crisis now and they are not in a position to honour all bills submitted by various contractors at one go. The KWA has adopted a criteria and is making payments to the contractors on the basis of such criteria. The petitioner will be paid the amount due to him as and when his turn arises.

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I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.

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The fact that the petitioner has executed an agreement with the KWA and has completed substantial portion of the work as per the agreement, is not disputed. The petitioner has raised bills for the completed work. The

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only reason advanced by the respondents for delay in payment is the financial crisis of the KWA. This Court is of the considered view that after extracting the work from the petitioner, the KWA cannot delay payments due to the petitioner for an indefinite period.

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In the circumstances, the writ petition is disposed of directing the respondents to pay the amount found due to the petitioner within a period of five months.

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Sd/-

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N. NAGARESH JUDGE

ncd/15.12.2021

APPENDIX OF WP(C) 16137/2021

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE PHOTOCOPY OF THE AGREEMENT DATED 04.08.2021 BETWEEN THE 2ND RESPONDENT AND THE PETITIONER. Exhibit P2 TRUE PHOTO COPY OF THE LETTER DATED 13.04.2021 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. Exhibit P3 TRUE PHOTO COPY OF CB3 VOUCHER DATED 13.04.2021 TOWARDS THE FIRST AND APRIL BILL ISSUED BY THE 3RD RESPONDENT. Exhibit P4 TRUE PHOTO COPY OF LETTER DATED 05.08.2021 SENT BY THE FEDERAL BANK LTD TO THE PETITIONER.

M.J.Abraham v. Kerala Water Authority

Case brief

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M.J.Abraham v. Kerala Water Authority

Case brief

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