This writ petition concerns non-payment of ₹20.19 lakh due to a government contractor by the Kerala Water Authority. The Court held that financial crisis cannot be an excuse for indefinite delay and directed payment within four months.
Respondents directed 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
TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
WP(C) NO. 18735 OF 2021
PETITIONER/S:
MOHAMMED MUSTHAFA, AGED 65 YEARS S/O. CHAND MOHAMMED, CONTRACTOR, RESIDING AT ATHIKARATHODI HOUSE, MELMURI P.O., MALAPPURAM 676 514. BY ADVS. ELDHO PAUL TESSY JOSE
RESPONDENT/S:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 1st day of February, 2022
The petitioner is an A Class Government Contractor. The petitioner undertook the work of “State Plan 2018-19Annexure-II-Optimization and Transmission-Replacement of Pipe-MWSS to Malappuram-Replacing Old and Damaged Distribution Main 80MM AC With 90&80 MM PVC & GI AT Thamarkuzhi Road” of the 1st respondent-Kerala Water Authority. The petitioner executed the agreement on 17.06.2019. The work was completed on 18.08.2019.
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WP(C) NO. 18735 OF 2021 4
In the circumstances, the writ petition is disposed of
directing the respondents to pay amount found due to the
petitioner within a period of four months.
Sd/- N.NAGARESH
JUDGE
hmh
WP(C) NO. 18735 OF 2021 5
APPENDIX OF WP(C) 18735/2021
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMMUNICATION DATED 9.4.2021 SENT BY THE 2ND RESPONDENT TO 3RD RESPONDENT REQUESTING FUND. Exhibit P2 TRUE COPY OF THE CB3 DATED NIL ISSUED BY THE 2ND RESPONDENT. Exhibit P3 TRUE COPY OF REPRESENTATION DATED 14.6.2021 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.
2 issues framed by the court
Whether a government authority can indefinitely delay payment to a contractor solely due to financial crisis after completing the contracted work.
Whether the petitioner is entitled to the claimed amount of ₹20,19,894/- without statutory deductions being raised as an absolute bar to payment.
Mohammed Mustafa
Kerala Water Authority
The Executive Engineer, Kerala Water Authority
The Finance Manager and Chief Accounts Office, Kerala Water Authority
N. Nagaresuh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
