A partnership firm seeking payment for completed construction work directed the Kerala Water Authority to release dues within four months, rejecting the authority's claim of financial inability to pay immediately.
Drecting respondents to pay the amount found due to the petitioner within a period of four months.
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 N.NAGARESH
SATURDAY, THE 4TH DAY OF DECEMBER 2021/13TH AGRAHAYANA, 1943 WP(C) NO. 16533 OF 2021
PETITIONER:
M/S. MARIYA CONSTRUCTIONS, REPRESENTED BY ITS MANAGING PARTNER, JOSE K.L., AGED 64 YEARS, S/O.LOUIS, 14/1375 KAKKANATT, THOTTILPEEDIKA, CHEVARAMBALAM P.O., KOZHIKODE 673 017.
BY ADVS. JOBY JACOB PULICKEKUDY ANIL GEORGE DAJISH JOHN HARIKRISHNAN P. ANANDHU K.S
RESPONDENTS:
BY R1-R3 ADV. SHRI.P.BENJAMIN PAUL, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 4th day of December, 2021
The petitioner who is a Partnership Firm by name M/s. Mariya Constructions is before this Court represented by its Managing Partner seeking to direct the respondents to release the amount due to the petitioner as per Ext.P2.
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seeks to direct the respondents to release the amount due to the petitioner.
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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.
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 four months.
Sd/- N. NAGARESH JUDGE
ncd/04.12.2021
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APPENDIX OF WP(C) 16533/2021
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE PHOTOCOPY OF AGREEMENT DATED 08/02/2021 SIGNED BY PETITIONER AND THE 2ND RESPONDENT. Exhibit P2 THE TRUE PHOTOCOPY OF FUND REQUISITION PROFORMA, DATED 22/07/2021 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
2 issues framed by the court
Whether the respondent Kerala Water Authority can indefinitely delay payment of a completed work bill citing financial crisis.
Whether a writ petition directing payment of dues within a specific timeframe should be allowed.
M/s. Mariya Constructions
Kerala Water Authority
The Executive Engineer, Kerala Water Authority
The Finance Manager & Chief Accounts Officer, Kerala Water Authority
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
