Disposed

Biju Augustine v. Kerala Water Authority

Kerala HC4 Jan 2022WP(C)/24559/2021

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What is this about?

Single judge disposed of a writ petition seeking payment of a contractors' bill and reimbursement of outstanding interest. The court directed respondents to settle the bill within four months but left the interest claim open pending a Division Bench decision.

What did the court decide?

Directing the 2nd respondent to settle the Ext.P2 CC VIth and Final Bill raised by the petitioner within a period of four months.

Biju Augustine Vs Kerala Water Authority — Banking and Recovery | 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 N.NAGARESH

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TUESDAY, THE 4^TH DAY OF JANUARY 2022/14TH POUSHA, 1943 WP(C) NO. 24559 OF 2021

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PETITIONER:

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BIJU AUGUSTINE, S/O.K.A. AUGUSTINE, AGED 53 YEARS, KUMPUCKAL HOUSE, KAALIYAAR POST OFFICE, THODUPUZHA, IDUKKI DISTRICT, PIN CODE-685 552.

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BY ADVS. THOMAS J.ANAKKALLUNKAL ARUN CHANDRAN HARIMOHAN

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RESPONDENTS:

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1 THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM DISTRICT, PIN CODE-695 033.

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2 THE SUPERINTENDING ENGINEER, THE KERALA WATER AUTHORITY, PH CIRCLE, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN CODE-689 101.

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3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, ADOOR, PATHANAMTHITTA DISTRICT, PIN CODE-691 523.

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

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5 THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT, MAHATMA GANDHI ROAD,

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WP(C)No.24559/2021

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NEAR CENTRAL STADIUM JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN CODE-695001.

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BY ADVS. R1-R4 SHRI.P.BENJAMIN PAUL, SC R5 SRI.APPU P.S., G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.24559/2021

JUDGMENT

Dated this the 4^th day of January, 2022

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The petitioner who has entered into Ext.P1 agreement dated 27.03.2018 with the Kerala Water Authority for the work of 'Annual Plan 2017-18 – Green Book, WSS to Ayiroor Kanjettukara – Phase II – Laying Distribution System in zone I to IV and Rectification works to Tank

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Sump and Pump House' has filed this writ petition seeking following reliefs:

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“I) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction to the respondents directing them to honour Exhibit P2 CC VIth and Final Bill raised by the petitioner and to release the amounts covered by the same without any further delay;

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II) Declare that the petitioner is entitled to be repaid with `9,12,383/(Rupees Nine lakhs twelve thousand three hundred and eighty three) which was levied as outstanding interest for the 4 number part bills (CC 1^st to CC IVth and part bills) beyond the period of

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WP(C)No.24559/2021

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one year, in the light of Exhibit P4 judgment of this Honourable Court.

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III) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction to the respondents directing them to release the amount of `9,12,383/- (Rupees Nine Lakhs twelve thousand three hundred and eighty three) which was levied as outstanding interest for the 4 number part bills (CC 1^st to CC IVth and part bills) beyond the period of one year, in the light of Exhibit P4 judgment of this Honourable Court.”

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2. The petitioner contended that the entire work

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was completed in the year 2020 to the satisfaction of the respondents and the respondents have not honoured Ext.P2 CC VIth and Final Bill raised by the petitioner. The petitioner also seeks to declare that he is entitled to be repaid `9,12,383/- which was lievied as outstanding interest for the 4 number part bills.

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The learned Standing Counsel for the Kerala Water Authority entered appearance and submitted that the Kerala Water Authority is facing some financial crisis and is

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not in a position to make the payment of Contractors' bill immediately. The Kerala Water Authority has a criteria for effecting payments for various contractors. They will be able to honour the CC VIth and Final Bill raised by the petitioner within a period of four months.

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As far as the relief of the petitioner regarding repayment of amounts levied as outstanding interest, the issue is pending consideration before a Division Bench of this Court and a decision in that regard can be taken only after disposal of the W.A.No.1673/2021.

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Having heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents, this Court is of the view that the writ petition can be disposed of directing respondents 1 to 4 to honour Ext.P2 bill of the petitioner expeditiously.

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In the circumstances, the writ petition is disposed of directing the 2^nd respondent to settle Ext.P2 CC VIth and

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Final Bill raised by the petitioner within a period of four months. The claim of the petitioner raised at Relief No.2

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and 3, are left open.

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Sd/- N. NAGARESH JUDGE

ncd/04.01.2022

APPENDIX OF WP(C) 24559/2021

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE COPY 27.03.2018 PETITIONER	OF TH ENTER AND THE	E AGREEMENT ED INTO BY 2ND RESPONDEN	DATED THE T.
Exhibit P2 Exhibit P3	TRUE COPY AND FINAL COVERING LE TRUE COPY THE LEVYING PETITIONER	OF THE BILL TTER DA OF THE OF RS. AS ADDI	CB-3 VOUCHER, ALONG WITH TED 26.04.2021 VOUCHER EVID 9,12,383/- FR TIONAL INTERES	SIXTH THE . ENCING OM THE T.
Exhibit P4	TRUE COPY	OF THE	JUDGMENT OF	THIS
	HONOURABLE	COURT	IN WRIT PE	TITION
	(CIVIL)NO.1 03.08.2021.	2930	OF 2021	DATED

Biju Augustine v. Kerala Water Authority

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Biju Augustine v. Kerala Water Authority

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