Held that the petitioner is directed to release eligible admitted bills within three months considering contractors cannot wait indefinitely.
Respondents directed to pay eligible admitted bill amount within three months of judgment receipt.
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WP(C) NO. 7106 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945 WP(C) NO. 7106 OF 2023
PETITIONER/S:
ABU MATHEW
AGED 79 YEARS S/O MATHEW, KARAMEL KOYIKEL HOUSE, KARIKODE POST, PERUVA, KOTTAYAM, PIN - 686610
BY ADVS. JOBY JACOB PULICKEKUDY ANIL GEORGE
RESPONDENT/S:
WP(C) NO. 7106 OF 2023 2
THIRUVANANTHAPURAM, PIN - 695001
6 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033
BY ADVS. P.M.JOHNY JOSHY VV
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7106 OF 2023
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P.V.KUNHIKRISHNAN, J
W.P.(C.) No. 7106 of 2023
Dated this the 13th day of June, 2023
JUDGMENT
The above writ petition is filed with following prayers :
“i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to release the Contractor's Claim 1st and 2nd part bills as per Exhibit P2 and P4
ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to extend the time of the agreement without imposing fine. iii) Grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the interest of justice.” [SIC]
WP(C) NO. 7106 OF 2023
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cannot continue the existing work
WP(C) NO. 7106 OF 2023 5
the petitioner within a period of three months.
Therefore, this writ petition is disposed of with the following directions :
Sd/P.V.KUNHIKRISHNAN JUDGE
SKS
WP(C) NO. 7106 OF 2023
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APPENDIX OF WP(C) 7106/2023
PETITIONER EXHIBITS
| Exhibit P1 | THE PHOTOCOPY OF THE AGREEMENT SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT DATED 27.12.2018 |
|---|---|
| Exhibit P2 | TRUE PHOTOCOPY OF CB3 VOUCHER TOWARDS THE CONTRACTOR'S CLAIM FIFTH (CONTRACTOR'S CLAIM) AND PART BILL ISSUED BY THE 3RD RESPONDENT DATED 31.03.2022 |
| Exhibit P3 | AND DIRECTED THE PETITIONER TO FINISH THE WORK WITHIN THIS WORKING SEASON. THE TRUE PHOTOCOPY OF LETTER DATED 16.01.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER |
| Exhibit P4 | TRUE COPY OF VOUCHER FOR AN AMOUNT OF RS.16171824/ ISSUED BY THE 3RD RESPONDENT DATED 24/01/2023 |
| Exhibit P5 | THE TRUE COPY OF THE LETTER DATED 06.02.2023 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT |
| Exhibit P6 | A LETTER DIRECTING ME TO SUPPLY ELECTRIC MOTORS AND PIPES IMMEDIATELY. THE TRUE COPY OF THE LETTER DATED 08.02.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER |
| Exhibit P7 | THE TRUE PHOTOCOPY OF THE LETTER GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT DATED 22/02/2023 |
| Exhibit P8 | THE PHOTOCOPY OF THE REPRESENTATION DATED 25/02/2023 GIVEN BY THE PEITITONER TO THE 2ND RESPONDENT |
2 issues framed by the court
Whether the respondents are directed to disburse the eligible admitted contractor bills.
Whether a time limit is fixed for the payment of dues to the petitioner.
Abu Mathew
Kerala Water Authority
The State of Kerala
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
