Disposed

Mariya Constructions v. Kerala Water Authority

Kerala HC15 Jul 2024WP(C)/20585/2024

Case brief

AI extract

What is this about?

Contractor sought payment of pending bills from Kerala Water Authority for completed Jal Jeevan Mission works. Court directed respondents to pay amounts due under the subject bills within six months, leaving the claim for interest open to be agitated before the appropriate forum.

What did the court decide?

Respondents directed to pay amounts due under the subject bills within six months; interest claim left open.

Mariya Constructions Vs Kerala Water Authority — Public Procurement and Tenders | Kerala HC (2024)

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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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MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946

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WP(C) NO. 20585 OF 2024

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PETITIONER:

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MARIYA CONSTRUCTIONS REP. BY ITS MANAGING PARTNER
SHRI.JOSE.K.L., 14/1375, KAKKANATT,THOTTILPEEDIKA,
CHEVARAMBALAM P O, KOZHIKODE., PIN - 673017
BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD

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RESPONDENTS:

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1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695010

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2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE-KANNUR, THANA, KANNUR., PIN - 670012

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3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISIONMATTANUR, KANNUR, PIN - 670702 BY ADV P.M.JOHNY

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SRI. V.V. JOSHY, SC. KWA.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2024, ALONG WITH WP(C).20474/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C)Nos.20585 & 20474 OF 2024

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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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MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946

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WP(C) NO. 20474 OF 2024

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PETITIONER:

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MARIYA CONSTRUCTIONS REP. BY ITS MANAGING PARTNER
SHRI.JOSE.K.L, 14/1375, KAKKANATT, THOTTILPEEDIKA,
CHEVARAMBALAM P O, KOZHIKODE., PIN - 673017
BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD

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RESPONDENTS:

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1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695010

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2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE-KANNUR, THANA, KANNUR., PIN - 670012

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3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISIONMATTANNUR, KANNUR, PIN - 670702 BY ADV P.M.JOHNY BY SRI.V.VJOSHY – SC, KWA

¶27

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2024, ALONG WITH WP(C).20585/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)Nos.20585 & 20474 OF 2024

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COMMON JUDGMENT

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Dated this the 15^th day of July, 2024

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Petitioner is aggrieved by the delay in disbursing the bill amounts, even after completing the works awarded by the 1^st respondent under the Jal Jeevan Mission.

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When these writ petitions were taken up for consideration, learned Standing Counsel for the respondents assured that, given some more time, the amount will be paid.

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In so far as the petitioner has completed the work, it is only appropriate for the respondents to pay the amount without delay.

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The writ petitions are hence disposed of, directing the respondents to pay the amounts due

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W.P.(C)Nos.20585 & 20474 OF 2024

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under the subject bills within six months from the receipt of a copy of this judgment. The petitioner's

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claim for interest is left open to be agitated before the appropriate Forum.

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The writ petitions are, accordingly, disposed

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of.

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Sd/V.G.ARUN JUDGE

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SSK/15/07

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W.P.(C)Nos.20585 & 20474 OF 2024

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE LETTER NO. KWA/PHC/KNR/D1-
17799/JJM/2021 DATE 13.05.2022 (WORK ORDER) OF THE
SECOND RESPONDENT
Exhibit P2A TRUE COPY OF THE LETTER NO. KWA/PHC/KNR/D2-
3689(A)/JJM/2022 DATE 23.01.2023 (WORK ORDER) OF
THE SECOND RESPONDENT

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Exhibit P3A TRUE COPY OF THE AGREEMENT
NO.42/2022-23/SE/PHC/KNR DATED 26.05.2022 BETWEEN
THE PETITIONER AND SECOND RESPONDENT
Exhibit P4A TRUE COPY OF THE AGREEMENT NO.183/2022-23/SE/
PHC/KNR DATED 07.02.2023 BETWEEN THE PETITIONER AND
SECOND RESPONDENT
Exhibit P5A TRUE COPY OF THE CB-3 VOUCHER FOR VIITH & PART
BILL OF EXT.P1 WORK
Exhibit P6A TRUE COPY OF THE CB-3 VOUCHER FOR VIIITH & PART
BILL OF EXT.P1 WORK
Exhibit P7TRUE COPY OF THE CB3 VOUCHER PERTAINING TO CC IVTH
& PART BILL OF EXT.P2 WORK

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W.P.(C)Nos.20585 & 20474 OF 2024

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PETITIONER EXHIBITS

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`Exhibit P1`	`A TRUE COPY OF` `12080/JJM/2021` `THE SECOND RESP`	`THE LETTER NO. KWA/PHC/KNR/D1-` `DATED 25.02.2022 (WORK ORDER) OF` `ONDENT`
`Exhibit P2`	`A TRUE COPY OF` `17801/JJM/2021` `THE SECOND RESP`	`THE LETTER NO. KWA/PHC/KNR/D1-` `DATED 22.03.2022 (WORK ORDER) OF` `ONDENT`
`Exhibit P3`	`A TRUE COPY OF` `17797/JJM/2021` `THE SECOND RESP`	`THE LETTER NO. KWA/PHC/KNR/D1-` `DATED 13.05.2022 (WORK ORDER) OF` `ONDENT`
`Exhibit P4`	`A TRUE COPY OF` `22/SE/PHC/ KNR` `PETITIONER AND`	`THE AGREEMENT NO.208/2021 -` `DATED 03.03.2022 BETWEEN THE` `SECOND RESPONDENT`
`Exhibit P5`	`A TRUE COPY OF` `2/2022-23/SE/PH` `PETITIONER AND`	`THE AGREEMENT NO.` `C/KNR DATED 04.04.2022 BETWEEN THE` `SECOND RESPONDENT`
`Exhibit P6`	`A TRUE COPY OF` `41/2022-23/SE/P` `PETITIONER AND`	`THE AGREEMENT NO.` `HC/KNR DATED 26.05.2022 BETWEEN THE` `SECOND RESPONDENT`
`Exhibit P7`	`A TRUE COPY OF` `BILL OF EXT.P1`	`THE CB-3 VOUCHER FOR FIFTH & FINAL` `WORK`
`Exhibit P8` `Exhibit P9` `SSK`	`A TRUE COPY OF` `BILL OF EXT.P2` `A TRUE COPY OF` `BILL OF EXT.P3` `//TRUE COPY`	`THE CB-3 VOUCHER FOR TENTH & FINAL` `WORK` `THE CB-3 VOUCHER FOR NINTH & FINAL` `WORK` `// PA TO JUDGE`

Mariya Constructions v. Kerala Water Authority

Case brief

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Mariya Constructions v. Kerala Water Authority

Case brief

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