Kerala High Court
C.Mohanadas vs Kerala Water Authority on 17 March, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 17TH DAY OF MARCH 2020 / 27TH PHALGUNA, 1941
WP(C).No.6031 OF 2020(D)
PETITIONER:
C.MOHANADAS
AGED 60 YEARS
M/S.ELECTRODYNE, KANJIRAMKULAM.P.O,
THIRUVANANTHAPURAM-695524.
BY ADV. SRI.AJITH KRISHNAN
RESPONDENTS:
1 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR,
JALA BHAVAN,VELLAYAMBALAM,
THIRUVANANTHAPURAM-695010.
2 THE CHIEF ENGINEER,
KERALA WATER AUTHORITY,
JALA BHAVAN,VELLAYAMBALAM,
THIRUVANANTHAPURAM-695010.
3 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER,
PROJECT DIVISIONS, KERALA WATER AUTHORITY,
KANNUR-670012.
4 THE ASSISTANT EXECUTIVE ENGINEER,
PROJECT SUB DIVISION, KERALA WATER AUTHORITY,
UPPALA, VIDHYA NAGAR.P.O,
KASARAGODE DISTRICT-671123.
SMT.MARY BENJEMIN, SC FOR KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.6031 OF 2020
2
JUDGMENT
This writ petition is filed seeking the following prayers:
"(i) Issue a writ of mandamus or any other writ, order or direction commanding the respondents to disburse the balance bill amount of Rs.9,02,781/- (Rupees nice lakhs two thousand seven hundred and eighty one only) due to the petitioner with respect to the work of WSS to Endosulphan hit areas of Kallar Grama Panchayath in Kasaragode District -
Supply and erection of 2 Nos. VT Pump set (INO Stand bye) at intake well cum pump house at Kappumkara forthwith.
(ii) To issue a writ of mandamus or writ of similar nature or order or direction commanding the respondents to pay the interest at the rate of 18% of the amount due to the petitioner forthwith;"
2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Kerala Water Authority.
3. It is submitted by the learned counsel for the petitioner that Ext.P4 representation is preferred by the petitioner before the 3 rd respondent. It is stated that a copy of the same is also preferred before the 1st respondent.
4. In the above view of the matter, I am of the opinion that the representation preferred by the petitioner is liable to be considered by the 1st respondent in accordance with law. Orders shall be passed on Ext.P4 WP(C).No.6031 OF 2020 3 representation by the 1st respondent within a period of three months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this writ petition along with a copy of this judgment before the 1st respondent for compliance. In case there is any amount found due to the petitioner, the same shall also be released without delay.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE np WP(C).No.6031 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE NO.D2- 394/2014 DATED 28/03/2016 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE SCHEDULE OF THE WORK ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE LETTER NO.PJT/SD/UPLA /D1-1246(KSD-KLLR)13 DATED 12/12/2019 ISSUED BY THE 4TH RESPONDENT TO 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 15/1/2020 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT.
RESPONDENT'S/S EXHIBITS: NIL