A contractor sought release of a withheld amount of Rs.25,43,599/- under a part bill for construction work completed to 97% for the Kerala Water Authority. The respondents raised no objection; the court directed disbursal within two months.
Direction to respondents to disburse the withheld amount of Rs.25,43,599/- within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 25TH DAY OF JULY 2024 / 3RD SRAVANA, 1946
WP(C) NO. 23902 OF 2024
PETITIONER/S:
ROY MATHEW. C,
AGED 53 YEARS
S/O. M.M MATHEW, MURINGAMATTOM HOUSE, PERIYAPURAM P.O,
PAMPAKUDA VIA, ERNAKULAM -, PIN - 686667
BY ADVS.
ANIL GEORGE
JOBY JACOB PULICKEKUDY
SMITHA PHILIPOSE
ASHIK TOM
AAKHIL MOHAMMED.P.M
ALEX KEVIN GEORGE
RESPONDENT/S:
1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-, PIN - 6950332 THE SUPERINTENDING ENGINEERKERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOTTAYAM -, PIN - 6860023 THE EXECUTIVE ENGINEER PROJECT DIVISION, KERALA WATER AUTHORITY, KOTTAYAM, PIN - 6860024 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM -, PIN – 695001SRI. V.V.JOSHI, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23902 OF 2024
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JUDGMENT
The writ petition is preferred aggrieved by the delay occurred in disbursing the part bill amount due to the petitioner as per Ext.P4.
WP(C) NO. 23902 OF 2024
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purpose of releasing laid quantity amount, and issued a CB3 voucher dated 22.06.2024 for an amount of Rs.25,43,599/-. Even then, the
amount has not been released to the petitioner. Hence, this writ petition.
The writ petition is disposed of accordingly.
Sd/-
P.M.MANOJ
JUDGE
uu
25.07.2024
WP(C) NO. 23902 OF 2024
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APPENDIX OF WP(C) 23902/2024
PETITIONER EXHIBITS
Exhibit P1THE TRUE PHOTOCOPY OF AGREEMENT NO.
27/SE/PHCK/2021-2022 DATED 25.03.2022
WITH THE 2ND RESPONDENT
Exhibit P2THE TRUE PHOTOCOPY OF THE PART BILL
DATED 22.03.2023 ISSUED BY THE 3RD
RESPONDENT
Exhibit P3THE TRUE PHOTOCOPY OF THE LETTER ISSUED
BY THE 3RD RESPONDENT TO THE 4TH
RESPONDENT DATED 24.06.2024
Exhibit P4THE TRUE PHOTOCOPY OF THE CB3 VOUCHER
DATED 22.06.2024 ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER
1 issue framed by the court
Whether the respondents should be directed to release the withheld part-bill amount due to the petitioner contractor.
Roy Mathew. C
Kerala Water Authority
The Superintending Engineer, Kerala Water Authority, Public Health Circle, Kottayam
The Executive Engineer Project Division, Kerala Water Authority, Kottayam
The Finance Manager & Chief Accounts Officer, Kerala Water Authority
P.M.Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court