Writ petition by a government contractor seeking directions to ensure processing of his final bill. The court disposed the petition directing the Superintending Engineer (3rd respondent) to consider the petitioner's representation within one month.
Direction to the 3rd respondent to consider Ext.P7 representation within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 19TH DAY OF JANUARY 2022 / 29TH POUSHA, 1943
WP(C) NO. 25835 OF 2021
PETITIONER:
D.MANOHARAN
AGED 62 YEARS
SON OF LATE DAMODARAN, GOVERNMENT CONTRACTOR,
AATTUKAL BHAVANAM, TC 20/1735-1, SASTRI NAGAR EAST,
KARAMANA POST, THIRUVANANTHAPURAM-695 002.
BY ADVS.
A.MOHAMMED FAIZAL
N.KRISHNA PRASAD
RESPONDENTS:
1KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
OBSERVATORY HILLS, VELLAYAMBALAM P.O.
THIRUVANANTHAPURAM-695 033.
2 THE MANAGING DIRECTOR KERALA WATER AUTHORITY, JALA BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM P.O.THIRUVANANTHAPURAMA-695 033.3 THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY, PROJECT CO-ORDINATOR, JNNURM PIU THIRUVANANTHAPURAM-695 033.4 THE EXECUTIVE ENGINEER JNNURM PIU, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM-695 033.5 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALA BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM POST, THIRUVANANTHAPURAM-695 033. BY ADV SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITYTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25835 OF 2021 2
JUDGMENT
Dated this the 19th day of January, 2022
The petitioner, who is a Contractor and who has undertaken the work of “State Plan 2017-18 - supplying, laying, jointing, testing and commissioning of PVC pipes- balance work for Thiruvallom Zone (WP10)”, is before this Court seeking to command respondents 3 and 5 to consider and pass appropriate orders on Exts.P7 and P8 representations, as expeditiously as possible.
WP(C) NO. 25835 OF 2021 3
In view of the limited prayer made by the petitioner, the writ petition is disposed of directing the 3rd respondent to consider Ext.P7 representation preferred by the petitioner
within a period of one month.
N.NAGARESH
JUDGE
hmh
WP(C) NO. 25835 OF 2021 4
APPENDIX OF WP(C) 25835/2021
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE RELEVANT EXTRACT OF THE
NOTICE INVITING TENDER NO
8/2017-18/PC/TVM/WS-(RTI) DATED 4.9.2018
ISSUED BY THE 3RD RESPONDENT
Exhibit P2TRUE COPY OF THE SELECTION NOTICE DATED
18.12.2019 ISSUED BY THE 3RD RESPONDENT
Exhibit P3TRUE COPY OF THE ACCEPTED PRICE SCHEDULE
IN RESPECT OF THE WORK IN QUESTION
Exhibit P4TRUE COPY OF THE AGREEMENT DATED
6.3.2019 ENTERED BY THE PETITIONER AND
3RD RESPONDENT
Exhibit P5TRUE COPY OF THE CV.3 VOUCHER DATED
SEPTEMBER, 2019 IN RESPECT OF CC PART
BILL
Exhibit P6TRUE COPY OF THE CV.3 VOUCHER DATED
FEBRUARY,2020 IN RESPECT OF CC PART BILL
Exhibit P7TRUE COPY OF THE REPRESENTATION DATED
12.7.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P7(A)TRUE COPY OF THE COMMUNICATION DATED
6.10.2021 ISSUED BY THE THIRD RESPONDENT
TO THE FOURTH RESPONDENT
Exhibit P7(B)TRUE COPY OF THE SCHEDULE ALONG WITH
PROFORMA FOR FUND REQUEST AND CB-3
VOUCHER DATED 30.9.2021
Exhibit P8TRUE COPY OF THE REPRESENTATION DATED
2.11.2021 SUBMITTED BY THE PETITIONER
BEFORE THE FOURTH AND FIFTH RESPONDENTS
RESPONDENT’S EXHIBITS NIL
1 issue framed by the court
Whether the third respondent should consider and pass appropriate orders on the petitioner's representations expediently.
D. Manoharan
Kerala Water Authority
Managing Director Kerala Water Authority
Superintending Engineer, Public Health Circle
Executive Engineer JNNURM PIU
Finance Manager and Chief Accounts Officer
N. Nagareesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court