Kerala High Court
K.R. Radhakrishnan Nair vs Kerala Water Authority on 10 July, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 10TH DAY OF JULY 2020 / 19TH ASHADHA, 1942
WP(C).No.6446 OF 2020(E)
PETITIONERS :-
1 K.R. RADHAKRISHNAN NAIR, AGED 59 YEARS
S/O.N.RAGHAVAN NAIR, CONTRACTOR,
KATTAKULATHIL HOUSE, PEROOR P.O.,
KOTTAYAM DISTRICT.
2 V.S.THOMAS, AGED 57 YEARS
S/O.V.T.SEBASTIAN, CONTRACTOR,
VAZHAKOOTTATHIL HOUSE, MANARCAD P.O.,
KOTTAYAM DISTRICT.
3 N.U.BINOY, AGED 43 YEARS
S/O.ULAHANNAN, CONTRACTOR, NELLIKUNNEL HOUSE,
KIDANGOOR P.O., ETTUMANUR-VIA, KOTTAYAM DISTRICT.
4 M/S. ARUN ELECTRICALS,
KATTAKKAYAM ROAD, PALA, KOTTAYAM DISTRICT,
REPRESENTED BY ITS PROPRIETOR, NARAYANANKUTTY
P.R., S/O.RAMAN, AGED 55 YEARS, ARUN NIVAS,
PALA P.O., KOTTAYAM DISTRICT.
5 NARAYANANKUTTY.P.R., AGED 55 YEARS
S/O.RAMAN, ARUN NIVAS, PALA P.O.,
KOTTAYAM DISTRICT.
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
RESPONDENTS :-
1 KERALA WATER AUTHORITY,
JALABHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM - 695 010,
REPRESENTED BY ITS MANAGING DIRECTOR.
2 EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,
PH DIVISION, KOTTAYAM - 686 002.
3 ASSISTANT EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, PH SUB DIVISION,
KOTTAYAM - 686 002.
BY ADV. SMT.MARY BENJEMIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.07.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.6446 OF 2020(E)
-: 2 :-
JUDGMENT
Dated this the 10th day of July 2020 This writ petition is filed seeking the following prayers :-
"(i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to disburse the payment of admitted bill amount due to the contractors, overlooking the priority based upon the date of registration of the bills of the petitioners, detailed in Exts.P1 to P12 vouchers.
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to disburse the bill amount due to the petitioners, with interest minimum at the treasury rate, with effect from the date of completion of works, forthwith.
(iii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to consider and dispose of Exts.P13 and P14 representations, in the light of the Full Bench judgment of this Hon'ble Court in State of Kerala v. Anil (2002 (1) KLT 371) forthwith."
2. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents.
3. It is submitted by the learned counsel for the petitioners that the petitioners had approached the 2 nd and 3rd respondents by preferring Exts.P13 and P14 representations seeking disbursement of the amounts covered by Exts.P1 to P12 vouchers for the works done by them for the respondents and that the same are liable to be sanctioned and disbursed by the respondents, following the WP(C).No.6446 OF 2020(E) -: 3 :- principle of priority based on the date of registration of bills by the contractors.
4. The learned Standing Counsel for the respondents submits that the bill amounts are admitted, but it is only due to the pandemic situation that the amounts have not been disbursed and some time is required to clear off the same.
5. In view of the fact that the respondents are admitting the liability, I am of the opinion that the respondents are to be permitted some time to pay the amounts.
In the above view of the matter, there will be a direction to the respondents to disburse the admitted amounts due to the petitioners as covered by Exts.P1 to P12 vouchers within a period of three months from the date of receipt of a copy of this judgment. It is further directed that the priority of the petitioners for payment on the basis of the date of raising the bill shall not be overlooked.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Jvt/13.7.2020 WP(C).No.6446 OF 2020(E) -: 4 :- APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE VOUCHER FOR THE WORK EXECUTED BY THE 1ST PETITIONER FOR THE VALUE OF RS.72,567/- WHICH WAS COMPLETED AS EARLY AS ON 25.07.2014 MAINTAINED AT THE OFFICE OF THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE VOUCHER MAINTAINED AT THE OFFICE OF THE 3RD RESPONDENT IN CONNECTION WITH THE EXECUTION OF 11 WORKS EXECUTED BY THE 1ST PETITIONER FOR THE VALUE OF RS.1,06,785/- WITH EFFECT FROM SEPTEMBER 2014.
EXHIBIT P3 TRUE COPY OF THE VOUCHER MAINTAINED AT THE OFFICE OF THE 2ND RESPONDENT PERTAINING TO THE 10TH PART AND FINAL BILL FOR THE VALUE OF RS.20,137/- DUE TO THE 2ND PETITIONER.
EXHIBIT P4 TRUE COPY OF THE VOUCHER OF 13 WORKS EXECUTED BY THE 3RD PETITIONER FOR THE TOTAL VALUE OF RS.69,598/- MAINTAINED AT THE OFFICE OF THE 3RD RESPONDENT WITH EFFECT FROM JANUARY 2017.
EXHIBIT P5 TRUE COPY OF THE VOUCHER MAINTAINED AT THE OFFICE OF THE 3RD RESPONDENT FOR THE VALUE OF RS.56,937/- PERTAINING TO THE WORK EXECUTED BY THE 4TH PETITIONER.
EXHIBIT P6 TRUE COPY OF THE VOUCHER REGISTERED AT THE OFFICE OF THE 3RD RESPONDENT AS PER THE BILL NO.B4880 DATED 01.03.2016 AND BILL NO.B4886 DATED 02.03.2016 FOR THE VALUE OF RS.9381/- IN CONNECTION WITH THE WORK EXECUTED BY THE 4TH PETITIONER.
EXHIBIT P7 TRUE COPY OF THE VOUCHER DATED 17.09.2018 REGISTERED AT THE OFFICE OF THE 3RD RESPONDENT AS PER THE BILL NO.B2086 DATED 17.10.2014 AND BILL NO.B2121 DATED 24.10.2014 FOR THE VALUE OF RS.4464/- IN CONNECTION WITH THE WORK EXECUTED BY THE 4TH PETITIONER.
EXHIBIT P8 TRUE COPY OF THE VOUCHER REGISTERED AT THE OFFICE OF THE 3RD RESPONDENT AS PER THE BILL NO.B3237 DATED 24.04.2015 FOR THE VALUE OF RS.12,438/- IN CONNECTION WITH THE WORK EXECUTED BY THE 4TH PETITIONER.
WP(C).No.6446 OF 2020(E) -: 5 :- EXHIBIT P9 TRUE COPY OF THE VOUCHER REGISTERED AT THE OFFICE OF THE 3RD RESPONDENT AS PER THE BILL NO.B3587 DATED 22.06.2015 FOR THE VALUE OF RS.30008/- IN CONNECTION WITH THE WORK EXECUTED BY THE 4TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE VOUCHER DATED 17.04.2018 FOR THE 3 BILLS NAMELY BILL NOS.B1483 DATED 01.08.2014, B1506 DATED 05.08.2014 AND B 1571 DATED 18.08.2014 FOR THE VALUE OF RS.15,886/- IN CONNECTION WITH THE WORK EXECUTED BY THE 4TH PETITIONER.
EXHIBIT P11 TRUE COPY OF THE VOUCHER DATED 17.04.2018 FOR THE VALUE OF RS.19,740/- IN CONNECTION WITH THE REGISTRATION OF 8 BILLS DATED 02.08.2014, 05.08.2014, 11.08.2014, 18.08.2014, 26.08.2014, 28.08.2014, 28.08.2014 AND 30.08.2014 MAINTAINED AT THE OFFICE OF THE 3RD RESPONDENT FOR THE WORK EXECUTED BY THE 4TH PETITIONER.
EXHIBIT P12 TRUE COPY OF THE VOUCHER DATED 17.04.2018 FOR THE VALUE OF RS.18,609/- PENDING AT THE OFFICE OF THE 3RD RESPONDENT IN CONNECTION WITH THE SATISFACTORY EXECUTION OF WORK UNDERTAKEN BY THE 5TH PETITIONER.
EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 27.12.2019 SUBMITTED BY THE PETITIONERS 1 AND 3 TO 5 BEFORE THE 2ND AND 3RD RESPONDENTS.
EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED 27.12.2019 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.
//TRUE COPY// P. A. TO JUDGE