Disposed

P.J.Sunny v. Kerala Water Authority

Kerala HC23 Aug 2022WP(C)/16969/2022

Case brief

AI extract

What is this about?

This writ petition challenged the inordinate delay in payment of bills for completed works executed for the Kerala Water Authority. The court held that paucity of funds could not justify such delay and directed payment within four months or in priority order.

What did the court decide?

Directed respondents to pay amounts due under bills Ext.P2 and P3 in priority or within four months.

P.J.Sunny Vs Kerala Water Authority — Service and Employment | Kerala HC (2022)

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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 V.G.ARUN

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TUESDAY, THE 23^RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944

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WP(C) NO. 16969 OF 2022

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PETITIONER/S:

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P.J.SUNNY AGED 62 YEARS S/O JOSEPH P V, RESIDING AT PANAKKAL (H),VADUVANCHAL SULTHAN BATHERY-673552. BY ADV TESSY JOSE

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RESPONDENT/S:

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1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM695033

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2 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY P.H DIVISION, SULTHAN BATHERY- 673101.

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3 STATE OF KERALA . REPRESENTED BY SECRETARY, FINANCE DEPARTMENT SECRETARIAT, THIRUVANTHUPURAM - 695001.

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4 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JELABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033.

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OTHER PRESENT:

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GP AMMINIKUTTY K; SC FOR KWA P.M.JOHNY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.16969 of 2022

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-2-

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JUDGMENT

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Dated this the 23^rd day of August, 2022

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The petitioner had executed certain works for

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the Kerala Water Authority. The work was completed on 21.12.2018 and Exts.P2 and P3 final bills submitted. Petitioner is aggrieved by the inordinate delay on the part of the respondents in disbursing the amount due under the bills.

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Learned Counsel for the petitioner

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submitted that insofar as the Water Authority is satisfied with the works executed by him, there is no justification in delaying the payment. It

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is also contended that the petitioner is discriminated against, since the bills presented by other contractors are being honoured.

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Authority is that it is facing acute financial

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crises and the contractors' bills are being honoured only as per priority, subject to

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W.P.(C) No.16969 of 2022

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availability of funds.

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Inasmuch as the petitioner had submitted his bills way back on 21.12.2018, paucity of funds cannot be a reason for inordinately delaying the payment due under the bills.

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The writ petition is hence disposed of directing the respondents to pay the amounts due under Ext.P2 and P3 bills in accordance with

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priority and subject to availability of funds and at any rate, within four months of receipt of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE

Scl/12.08.2022

W.P.(C) No.16969 of 2022

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APPENDIX OF WP(C) 16969/2022

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 28.11.2017 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE CB3 DATED 04.03.2020 ISSUED BY THE 2ND RESPONDENT. Exhibit P3 TRUE COPY OF THE CB3 DATED 12.03.2020 ISSUED BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE FUND REQUEST DATED 06.03.2020 ISSUED BY THE 2ND RESPONDENT.

P.J.Sunny v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

P.J.Sunny v. Kerala Water Authority

Case brief

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