Writ filed by a petitioner aggrieved by delay in payment for completed work. Court recorded disposal within four months.
Respondents directed to make payment within four months from the date of receipt of 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 SMT. JUSTICE P.V.ASHA
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.25471 OF 2020(H)
PETITIONER:
HYDRO ELECTRICAL SYSTEM MASTHAN GHORI STREET, NEAR AMBEDKAR STATUE, ADAMBAKKAM, CHENNAI-600088, REPRESENTED BY ITS PROPRIETOR ASHA RAGHAVAN, W/O. V.RAGHAVAN, AGED 54 YEARS, NO.1, TANGORE STREET, NILAMANGAI NAGAR, ADAMBAKKAM, CHENNAI-6000088.
BY ADVS. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE
RESPONDENTS:
1 KERALA WATER AUTHORITY
REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM-695 033.
2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PH CIRCLE, THIRUVANANTHAPURAM-695 033.
3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM-695 033.
BY SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.25471 OF 2020(H)
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J U D G M E N T
Petitioner, who was awarded the work of
Modernisation of Aruvikkara Pumping Station-Supply, Erection, Testing and Commissioning of Raw water and Clear Water Pump Sets and Substation improvement works, is aggrieved by the delay in payment of the bills towards the work already carried by him.
The writ petition is disposed of directing the respondents to make the payment within a period of 'four months' from the date of receipt of a copy of the judgment.
Sd/- P.V.ASHA, JUDGE
AS
WP(C).No.25471 OF 2020(H)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE AGREEMENT DATED 5.12.2018 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT.
EXHIBIT P2 TRUE PHOTOCOPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 27.02.2020.
EXHIBIT P3 TRUE PHOTOCOPY OF THE CB3 (CONTRACTOR BILL) VOUCHER ISSUED BY THE 3RD RESPONDENT DATED 29.1.2020 FOR AN AMOUNT OF RS.32,63,473/-.
EXHIBIT P4 TRUE PHOTOCOPY OF THE CBE (CONTRACTOR BILL) VOUCHER ISSUED BY THE 3RD RESPONDENT DATED 4.3.2020 FOR AN AMOUNT OF RS.1,34,52,761/-.
1 issue framed by the court
Whether the respondent authorities are directed to make delayed payment for work already carried out.
Hydro Electrical System
Kerala Water Authority
Superintending Engineer Kerala Water Authority
Executive Engineer Kerala Water Authority
Finance Manager and Chief Accounts Officer Kerala Water Authority
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
