Kerala High Court
V. K. Balan vs The State Of Kerala on 21 December, 2020
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942
WP(C).No.12544 OF 2020(P)
PETITIONER:
V. K. BALAN,
AGED 60 YEARS,
S/O. KANNAN, SREEVALSAM, MEPAYOOR,
KOZHIKODE DISTRICT.
BY ADVS.
SRI.GEORGE SEBASTIAN
SMT.PHILIA KOSHY
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
DEPARTMENT OF IRRIGATION,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE CHIEF ENGINEER,
PROJECT 1, IRRIGATION,
KOZHIKODE, PIN - 673 001.
3 THE SUPERINTENDING ENGINEER,
IRRIGATION, PROJECT CIRCLE,
KANNUR, PIN - 670 002.
4 THE EXECUTIVE ENGINEER,
KUTTIYADI IRRIGATION PROJECT DIVISION,
PERAMBRA, KOZHIKODE, PIN - 673 525.
5 THE KERALA STATE WATER AUTHORITY,
REPRESENTED BY ITS MANAGING DIRECTOR,
JALABHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695 033.
6 THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, JBIC PROJECT,
MALAPARAMBU, KOZHIKODE, PIN - 670 339.
WP(C).No.12544 OF 2020(P)
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7 THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, PH DIVISION, MALAPARAMBU,
KOZHIKODE, PIN - 670 339.
BY ADVS. SRI.P.BENJAMIN PAUL, SC, KWA
SMT.VINITHA.B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.12544 OF 2020(P)
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JUDGMENT
The petitioner, who had completed the work of KYIP (Kuttiyadi Irrigation Project) - JICA (Japan International Corporation Authority) assisted water supply to Kozhikode City - reconstruction of Thamarassery field bothie, on 30.11.2018 on the basis of Ext.P2 agreement executed on 05.06.2017, is aggrieved by the delay in payment of the final bill, which was submitted on 17.05.2019.
2. The respondent do not have any dispute as to the work carried out. The 1st respondent stated that the balance amount can be paid to the petitioner only on receipt of the amount from the Water Authority.
3. The learned Standing Counsel Sri.Benjamin Paul, appearing for the Water Authority submits that the amount due towards WP(C).No.12544 OF 2020(P) 4 the work would be disbursed to the 4th respondent within a period of three months. On receipt of the funds, the 4th respondent would not have any difficulty for making the payment.
Therefore the writ petition is disposed of recording the submission made by the learned Standing Counsel for the Water Authority that the balance amount towards the work would be paid to the 4th respondent, within a period of three months. There would be a direction to the 4th respondent to make the payment to the petitioner within a further period of two weeks. The question of interest is left open.
Sd/-
P.V.ASHA JUDGE ww WP(C).No.12544 OF 2020(P) 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PROCEEDINGS DATED 05.06.2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE AGREEMENT DATED 05.06.2017 BETWEEN THE PETITIONER AND THE 3RD RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 01.11.2018 PASSED BY THE 3RD RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE SUPPLEMENTAL AGREEMENT DATED 01.11.2018 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE OF COMPLETION OF WORK ISSUED BY THE 3RD RESPONDENT DATED NIL.
EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION DATED 12.12.2019 BY THE 3RD RESPONDENT BY WHICH THE PERFORMANCE GUARANTEE DEPOSIT WAS RELEASED.
EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION DATED 12.12.2019 ISSUED BY THE 3RD RESPONDENT SHOWING RELEASE OF TREASURY DEPOSIT. EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION DATED 14.06.2019 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE PROCEEDINGS DATED 14.06.2019 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION DATED 28.06.2019 ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT.
EXHIBIT P11 A TRUE COPY OF THE COMMUNICATION DATED 21.08.2019 ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT.
EXHIBIT P12 A TRUE COPY OF THE COMMUNICATION DATED 06.03.2020 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT.
WP(C).No.12544 OF 2020(P) 6 EXHIBIT P13 A TRUE COPY OF THE ORDER DATED 29.08.2016 PASSED BY THE SECRETARY TO THE WATER RESOURCES DEPARTMENT, STATE OF KERALA. EXHIBIT P14 A TRUE COPY OF THE TECHNICAL SANCTION DATED 31.03.2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P15 A TRUE COPY OF THE JUDGMENT DATED 28.11.2019 IN W.P.(C)NO.28833/2019.