Disposed

Sajeevan M v. Kerala Water Authority

Kerala HC16 Aug 2022WP(C)/3574/2022

Case brief

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What is this about?

The court disposed of a writ petition seeking payment of an unpaid bill for completed construction work. The High Court directed the Water Authority to pay the petitioner the due amount within three months, considering the petitioner's seniority. Relief: Order to pay within three months.

What did the court decide?

Directed the respondents to pay the amount due to the petitioner under Ext.P2 bill within three months of receipt of the judgment copy.

Sajeevan M Vs Kerala Water Authority — Contract and Commercial Disputes | 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 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
WP(C) NO. 3574 OF 2022

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PETITIONER/S:

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SAJEEVAN M
AGED 55 YEARS
S/O. KRISHNAN K.P., VRINDAVANAM, IRIVERI P.O., KANNUR-
670613.
BY ADVS.
ELDHO PAUL
TESSY JOSE

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RESPONDENT/S:

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1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033.

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2 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITYE WATER SUPPLY DIVISION, KANNUR-670012.

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3 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER, JALABHAVAN, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM695033.

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4 STATE OF KERALA, REPRESENTED BY SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. BY ADV P.M.JOHNY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 3574 OF 2022

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JUDGMENT

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Dated this the 16^th day of August, 2022

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The petitioner has executed certain works for the Water Authority and is aggrieved by the delay in disbursal of the bill amount. Learned counsel for the petitioner submits that the work was completed way back on 15.09.2018. As there was a delay in disbursing the bill amount, Ext.P3 representation was also submitted. The work was completed to the satisfaction of the Water Authority and there is no justification in delaying disbursal of the amount even after 4 years.

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2.Learned Standing Counsel for Water Authority submits that the only reason for delay in disbursing the amount is paucity of funds. It is submitted that the Water Authority is maintaining a seniority list of contractors who have submitted bills after completing the works awarded to them. The petitioner is Serial No. 25 in the list and as on date, contractors upto Serial No. 7 has been paid. It is submitted that once funds are sanctioned by the Government, the amount will be disbursed without delay.

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Learned counsel for the petitioner submits that the petitioner's daughter's marriage is fixed and unless the amount is disbursed at the earliest, that will cause immense hardship and

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WP(C) NO. 3574 OF 2022

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loss to the petitioner.

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Having heard the learned counsel on either side, I am inclined to dispose of the writ petition by directing the respondents to pay the amount due to the petitioner under Ext.P2 bill, in accordance with his seniority in the list maintained by the Water Authority and at any rate within three months of receipt of a copy of this judgment.

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Sd/V.G ARUN JUDGE

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WP(C) NO. 3574 OF 2022

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APPENDIX OF WP(C) 3574/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE AGREEMENT DATED 20.2.2018
BETWEEN THE PETITIONER AND THE 2ND
RESPONDENT.
Exhibit P2TRUE COPY OF THE CB3 DATED NIL ISSUED BY
THE 2ND RESPONDENT.
Exhibit P3TRUE COPY OF THE REPRESENTATION DATED
17.10.2021 SENT BY THE PETITIONER TO THE
2ND RESPONDENT.

Sajeevan M v. Kerala Water Authority

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Sajeevan M v. Kerala Water Authority

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