Petitioner complained of non-payment for completed construction work. Court directed respondents to disburse the bill amount within six weeks as two equated instalments due to urgency and confirmed undertaking by Standing Counsel.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 10TH DAY OF JULY 2024 / 19TH ASHADHA, 1946
WP(C) NO. 19265 OF 2024
PETITIONER:
K. SUBRAMANIAN AGED 63 YEARS S/O. KUTTAPANIKKAN
KESAVAN, MYTHRI (PUTHUVIL VEEDU), MYLAKKAD P.O.,
KOLLAM, PIN - 691571
BY ADVS. V.K.PEERMOHAMED KHAN GIRISH KUMAR V.C ASNA
M.B.
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD. REPRESENTED BY ITS CHAIRMAN PATTOM, THIRUVANANTHAPURAM, PIN - 6950042 THE DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE KERALA STATE ELECTRICITY BOARD LTD., THODUPUZHA, PIN - 6855843 THE EXECUTIVE ENGINEER TRANSMISSION DIVISION KERALA STATE ELECTRICITY BOARD LTD., NEDUMKANDOM, IDUKKI, PIN - 6855534 ASSISTANT ENGINEER T C SECTION, MURICKASSERY KERALA STATE ELECTRICITY BOARD LTD., VAZHATHOPPU, IDUKKI, PIN - 685602 BY ADV Nirmal SSRI. NIRMAL. S, SC (KSEB).
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.19265 OF 2024
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JUDGMENT Dated this the 10th day of July, 2024
The petitioner's grievance is regarding
non-payment of the bill amount raised by him after executing the construction work of KonnathadyMurickassery 110 KV DC feeder.
that his client is facing SARFAESI proceedings and unless the amount is disbursed immediately, he will be put to undue hardship and loss.
amount will be paid in six weeks, and taking into account the urgency expressed, the writ petition is disposed of directing the respondents to disburse the bill amount due to the petitioner within six weeks in
W.P.(C)No.19265 OF 2024
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two equated instalments. The first instalment shall be paid by 25.07.2024 and second within one month from
that date.
The writ petition is, accordingly, disposed of.
Sd/V.G.ARUN JUDGE
SSK/10/07
W.P.(C)No.19265 OF 2024
4
APPENDIX OF WP(C) 19265/2024
PETITIONER EXHIBITS
Exhibit-P1TRUE COPY OF THE BILL SUBMITTED ON 20.05.2024 FOR
THE WORK COMPLETED AND PENDING FOR RELEASE BEFORE
THE 2ND RESPONDENT
Exhibit-P2TRUE COPY OF THE REQUEST LETTER DATED 23.05.2024
FOR SPEEDY RELEASE OF THE PAYMENT AS PER THE EXT P1
WORK BILL SUBMITTED AND PENDING BEFORE THE 2ND
RESPONDENT
RESPONDENT EXHIBITS
ExhibitTrue copy of letter dated 02/04/2024
R1(a)
SSK //TRUE COPY// PA TO JUDGE
3 issues framed by the court
Whether the petitioners claim for timely disbursement of bill amount pending due to construction work is meritorious?
Whether the undertaking to pay within six weeks justifies dismissal of the writ petition?
What direction should be issued regarding the breakup of the payment into equated instalments?
Colour shows how this judgement treated each authority
none citedReferred
3 provisions across 1 enactments
K. Subramanian
Kerala State Electricity Board Ltd.
Deputy Chief Engineer, Transmission Circle
Executive Engineer, Transmission Division
Assistant Engineer T C Section
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court