Allowed

K.Kannan v. the Kerala Water Authority, Represented by Its Managing Director

Kerala HC25 Sept 2023WP(C)/1617/2023

Case brief

AI extract

What is this about?

The Court allowed two writ petitions filed by a contractor seeking disbursement of final bill amounts held up by the Kerala Water Authority, directing the Authority to ensure eligible amounts are paid within three months subject to valid objections.

What did the court decide?

Directed the competent Authority of the Kerala Water Authority to ensure disbursal of all eligible amounts under the petitioner's bills within three months of the judgment date, subject to valid objec

K.Kannan Vs the Kerala Water Authority… — Contract and Commercial Disputes | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945
WP(C) NO. 1617 OF 2023

¶5

PETITIONER:

¶6

K.KANNAN, AGED 61 YEARS, S/O.KARUNAN, AMRUTHAM,
CHIRAKKAL,CHIRAKKAL P.O, KANNUR, PIN – 670011

¶7

BY ADVS.
K.S.ANIL
GOPIDAS E.N.

¶8

RESPONDENTS:

¶9

1 THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN – 695033

¶10

2 2. THE SUPERINTENDING ENGINEER, PH CIRCLE, KERALA WATER AUTHORITY, KANNUR, PIN – 670012

¶11

3 THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, KANNUR, PIN – 670012

¶12

4 THE CHIEF EXECUTIVE OFFICER, KIIFB 2ND FLOOR, FELICITY SQUARE, M.G.ROAD, STATUE, THIRUVANANTHAPURAM, PIN – 695001

¶13

BY ADVs
SRI. P.M.JOHNY

¶14

SRI. S.CHANDRASEKHARAN NAIR, SC, KIIFB

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.09.2023, ALONG WITH WP(C)NO.1584/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

¶16

WPC 1617/23 & 1584/23

¶17

¶18

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶19

PRESENT

¶20

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945
WP(C) NO. 1584 OF 2023

¶21

PETITIONER:

¶22

K.KANNAN, AGED 61 YEARS, S/O.KARUNAN, AMRUTHAM,
CHIRAKKAL, CHIRAKKAL P.O, KANNUR, PIN – 670011

¶23

BY ADVS.
K.S.ANIL
GOPIDAS E.N.

¶24

RESPONDENTS:

¶25

1 THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THRIUVANANTHAPURAM, PIN – 695033

¶26

2 THE SUPERINTENDING ENGINEER, PH CIRCLE, KERALA WATER AUTHORITY, KANNUR, PIN – 670012

¶27

3 THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, KANNUR, PIN – 670012

¶28

4 THE CHIEF EXECUTIVE OFFICER, KIIFB, 2ND FLOOR, FELICITY SQUARE, M.G.ROAD, STATUE, THIRUVANANTHAPURAM, PIN – 695001

¶29

BY ADVS
SRI. P.M.JOHNY – SC, KWA
SRI.S.CHANDRASEKHARAN NAIR – SC, KIIFB

¶30

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.09.2023, ALONG WITH WP(C)NO.1617/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

¶31

WPC 1617/23 & 1584/23

¶32

¶33

JUDGMENT

¶34

[WP(C) Nos.1617/2023, 1584/2023]

¶35

The petitioner in these two Writ Petitions – which are being

¶36

disposed of jointly on account of the similarity in reliefs sought and

¶37

the factual circumstances presented – is stated to be a Contractor;

¶38

and his singular allegation is that, even though he has completed

¶39

the works entrusted to him by the Kerala Water Authority under

¶40

separate contracts, without any complaints being raised, disbursement of amounts under his final bill has been held up, without any tenable reason. He, therefore, prays that the said Authority be directed to disburse the eligible amounts to him, without any further delay.

¶41

2 . In response to the afore submissions made by Smt.Jerona

¶42

James – learned counsel for the petitioner, Sri.P.M.Johny – learned

¶43

Standing Counsel for the Water Authority, submitted that, though

¶44

the petitioner’s bills were submitted before the Kerala Infrastructure Investment Fund Board (KIIFB), certain objections have been raised

¶45

by them and that this has been communicated to him. He submitted

¶46

that as soon as these objections are taken care of, eligible amounts

¶47

¶48

WPC 1617/23 & 1584/23

¶49

under the bills will be disbursed to the petitioner.

¶50

3 . Sri.S.Chandrasekharan Nair – learned Standing Counsel

¶51

appearing for the KIIFB, confirmed that there were certain ‘technical observations’ raised by his client; but that the final authority to . disburse the amounts to the petitioner is the Kerala Water Authority He affirmed that his client has, or will make available, necessary funds for the same, as per the contractual agreements between the parties.

¶52

Taking note of the afore submissions, I allow these Writ Petitions and direct the competent Authority of the Kerala Water Authority to ensure that all eligible amounts under the bills of the petitioner in both these cases are disbursed to him, subject to all valid objections being satisfied, as expeditiously as is possible, but

¶53

not later than three months from the date of receipt of a copy of this judgment.

¶54

Sd/-

¶55

RR

¶56

DEVAN RAMACHANDRAN

¶57

JUDGE

¶58

WPC 1617/23 & 1584/23

¶59

¶60

APPENDIX OF WP(C) 1584/2023

¶61

`PETITIONER`	`EXHIBITS`
`Exhibit P 1`	`TRUE COPY` `20.07.201`	`OF THE WORK ORDER DATED` `7`
`Exhibit2`	`TRUE COPY` `AGREEMENT`	`OF THE RELEVANT EXTRACT OF` `DATED 05.08.2017`
`Exhibit3`	`TRUE COPY` `COMPLETIO` `NIL ISSUE`	`OF THE WORK` `N/COMMISSIONING CERTIFICATE DATED` `D BY THE 3RD RESPONDENT.`
`Exhibit4`	`TRUE COPY` `TENDER NO`	`OF THE RELEVANT EXTRACT OF THE` `TIFICATION DATED 20.04.2017.`
`Exhibit P 5` `RESPONDENT`	`TRUE COPY` `EXHIBITS`	`OF THE LETTER DATED 14.07.2022`
`Exhibit R4`	`(a)` `The final` `which was` `produced` `R4(a).`	`open compliance/observation memo` `issued to SPV on 20.03.2021 is` `herewith and marked as Exhibit`
`Exhibit R4(`	`b)` `The final` `which was` `produced` `R4(b).`	`open compliance/observation memo` `issued to SPV on 14.10.2022 is` `herewith and marked as Exhibit`
`Exhibit R4`	`(c)` `The final` `which was` `produced` `R4(c).`	`open compliance/observation memo` `issued to SPV on 28.10.2022 is` `herewith and marked as Exhibit`

¶62

WPC 1617/23 & 1584/23

¶63

¶64

APPENDIX OF WP(C) 1617/2023

¶65

`PETITION`	`ER EXHIBITS`
`Exhibit`	`P 1`	`TRUE COPY OF THE` `13.10.2017, ISSUE`	`WORK ORDER DATED` `D BY THE 2ND RESPONDENT`
`Exhibit`	`P 2`	`TRUE COPY OF THE` `DATED 04.11.2017,` `AND 2ND RESPONDEN`	`EXTRACT OF AGREEMENT` `BETWEEN THE PETITIONER` `T.`
`Exhibit`	`P 3`	`TRUE COPY OF THE` `COMPLETION/COMMIS` `30.11.2021, ISSUE`	`WORK` `SIONING CERTIFICATE DATED` `D BY THE 3RD RESPONDENT`
`Exhibit`	`P 4`	`TRUE COPY OF THE` `TENDER NOTIFICATI` `ISSUED BY THE 3RD`	`RELEVANT EXTRACT OF THE` `ON DATED 20.07.2017` `RESPONDENT.`
`Exhibit`	`P 5`	`TRUE COPY OF THE` `ISSUED BY THE 3RD`	`LETTER DATED 15.07.2022` `RESPONDENT.`
`RESPONDE`	`NT EXHIBITS`
`Exhibit`	`R4(b)`	`The true copy of` `which was issued`	`the observation memo` `to SPV on 14.10.2022`
`exhibit`	`R4(c)`	`The true copy of` `which was issued`	`the observation memo` `to SPV on 12.01.2023`
`Exhibit`	`R4(d)`	`The true copy of` `was issued on 25.`	`observation memo which` `10.2022`
`Exhibit`	`R4(a)`	`The true copy of` `was issued to SPV`	`observation memo which` `on 20.03.2021`

K.Kannan v. the Kerala Water Authority, Represented by Its Managing Director

Case brief

What is this about?

What did the court decide?

K.Kannan v. the Kerala Water Authority, Represented by Its Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

1. Lekshmy Sreedhar Vs Vasantha

M/S Kent Constructions (Pvt.Ltd) Vs the Executive Engineer

Vincent. P Vs Mohan K.G , (Age and Father’S Name Not Known to the Petitioner)

Unnikrishnan S Vs Murali

K.Kannan Vs the Managing Director

Easy Infra Inc. Vs Fact -Rcf- Building Products Ltd. (Frbl)