Kerala High Court
G. Suresh vs The Kerla Water Authority on 17 March, 2011
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22481 of 2008(B)
1. G. SURESH, WATER AUTHORITY CONTRACTOR,
... Petitioner
Vs
1. THE KERLA WATER AUTHORITY, REP. BY
... Respondent
2. THE CHIEF ENGINEER,
3. THE SUPERINTENDING ENGINEER,
4. THE EXECUTIVE ENGINEER,
5. THE DISTRICT COLLECTOR,
For Petitioner :SRI.K.SUBASH CHANDRA BOSE
For Respondent :SRI.B.SURESH KUMAR
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :17/03/2011
O R D E R
S. SIRI JAGAN, J.
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W.P.(C) No.22481 OF 2008
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Dated this the 17th day of March, 2011
JUDGMENT
The petitioner has executed some work on behalf of the Kerala Water Authority. The petitioner's grievance in this writ petition is that an amount of Rs.14 lakhs due to the petitioner as per the final bill for execution of the work has not been paid to the petitioner yet. The petitioner seeks the following relief:
"i) issue a writ in the nature of mandamus or any other appropriate writ direction or order directing the respondents to release the final bill amount of Rs.14 Lakhs with 18% interest from 25-8-2007 for the execution of the work for providing Water Supply to RWSS to Chemmannamkunnu Harijan Colony in Pullampara Panchayat as per Exhibit-P1 Agreement No.93/2006-07 dated 19-2-2007 forthwith"
On 10.12.2008 this Court passed the following interim order in this writ petition:
"Learned SC for the Water Authority submits that revised estimate for an amount of Rs.31.13 lakhs was drawn up in relation to the work which was done by the petitioner and was submitted before the 5th respondent on 17/11/08. Further it seems that there is a vigilance enquiry against the petitioner and files have therefore been with the vigilance department. In my view, the District Collector shall consider and pass orders on the revised estimate submitted by the Water Authority. Accordingly there will be a direction W.P.(C)No.22481/08 2 to the 5th respondent to consider the question of giving administrative sanction for the revised estimate submitted by the Water Authority for the work of water supply to Chemmanamkunnu Harijan colony in Pullampara Panchayat covered by agreement No.93 of 2006-07. orders in this regard shall be passed within four weeks from the date of receipt of a copy of this order. It shall be produced by the petitioner before the District Collector.
Thereafter, the 5th respondent filed a counter affidavit in this writ petition stating as follows:
"xxxx xxxx xxxx
2. The above Writ Petition is filed by the Contractor who had undertaken the work of supplying water under RWSS (Rural Water Supply Scheme) to Chemanamkunnu Harijanam Colony in Pullampara Panchayat. The case of the petitioner is that there is inordinate delay in disbursing the contract bill. In Order dated 10.12.2008 this Hon'ble Court had directed this respondent to give administrative sanction for the work carried out by the petitioner.
In compliance with the above Order in letter No.D4/3039/07 dated 07.01.2009 this respondent had prepared the revised administrative sanction of the work and same was forwarded to the Government for approval. In G.O.(Rt) No.216/09/WRD dated 20.02.2009, the Government had granted administrative sanction and the Executive Engineer, Kerala Water Authority, Water Division Supply, Attingal has been requested by this respondent in letter dated 12.04.2009 to forward the final bill towards the work and issue necessary allotment so as to effect payment to the petitioner. This respondent had taken all possible steps to disburse the payment due to the petitioner".
The Water Authority has not chosen to file any counter affidavit. In the above circumstances, this writ petition is disposed of with a direction to the respondents to see that the W.P.(C)No.22481/08 3 amount due to the petitioner for execution of the work in question is disbursed to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.
S. SIRI JAGAN, JUDGE acd W.P.(C)No.22481/08 4