High Court of KeralaWP(C)/19234/2015disposed of

Sali P.Mathai v. The Kerala Water Authority

2015-08-31Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 31ST DAY OF AUGUST 2015/9TH BHADRA, 1937 WP(C).No. 19234 of 2015 (D) ---------------------------- PETITIONER(S):

------------- SALI P.MATHAI, PULIMANACKAL HOUSE, MANAKKAD.P.O., THODUPUZHA.

BY ADVS.SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN.

RESPONDENT(S):

--------------

1. THE KERALA WATER AUTHORITY, JALBHAVAN, THIRUVANANTHAPURAM-695 033, REP. BY ITS MANAGING DIRECTOR.

2. SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, KOCHI-682 011.

3. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, P.H. DIVISON, KERALA WATER AUTHORITY, KOCHI-682 016.

4. THE ASST. EXECUTIVE ENGINEER, W.W.SUB DIVISON, KWA, KALOOR, KOCHI-682 017.

BY ADV. SRI.JOSEPH JOHN, SC, KERALA WATER AUTHORITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs.

WP(C).No. 19234 of 2015 (D) APPENDIX PETITIONER(S)' EXHIBITS :

EXT. P1TRUE COPY OF THE RELEVANT PAGES OF THE TENDER CONDITIONS. EXT. P2TRUE COPY OF APPROVED BREAK UP SCHEDULE OF PAYMENT. EXT. P3TRUE COPY OF THE LETTER DT. 1.4.2014 ISSUED BY THE PETITIONER. EXT. P4TRUE COPY OF THE LETTER DT. 2.4.2014 ISSUED BY THE PETITIONER. EXT. P5TRUE COPY OF THE LETTER DT. 1.1.2014 ISSUED BY THE PETITIONER. EXT. P6TRUE COPY OF THE REPLY DT. 14.11.2014 ISSUED BY 4TH RESPONDENT. EXT. P7TRUE COPY OF THE REPLY DT. 26.11.2014 ISSUED BY 2ND RESPONDENT. EXT. P8TRUE COPY OF THE LETTER DT. 1.12.2014 ISSUED BY THE PETITIONER. EXT. P9TRUE COPY OF THE REPLY DT. 4.12.2014 ISSUED BY 3RD RESPONDENT. EXT. P10TRUE COPY OF THE LETTER DT. 20.11.2014 ISSUED BY GCDA. EXT. P11TRUE COPY OF THE LETTER DT. 22.12.2014 ISSUED BY PETITIONER. EXT. P12TRUE COPY OF THE LETTER DT. 6.11.2014 ISSUED BY 3RD RESPONDENT TO GCDA.

EXT. P13TRUE COPY OF THE LETTER DT. 3.5.2014 ISSUED BY GCDA TO 3RD RESPONDENT.

EXT. P14TRUE COPY OF THE LETTER DT. 21.6.2014 ISSUED BY GCDA TO 4TH RESPONDENT.

EXT. P15TRUE COPY OF THE LETTER DT. 7.1.2015 ISSUED BY 2ND RESPONDENT. EXT. P16TRUE COPY OF THE LETTER DT. 12.1.2015 ISSUED BY 3RD RESPONDENT. EXT. P17TRUE COPY OF THE LETTER DT. 24.1.2015 ISSUED BY THE PETITIONER. EXT. P18TRUE COPY OF THE LETTER DT. 16.1.2015 ISSUED BY 4TH RESPONDENT. EXT. P19TRUE COPY OF THE LETTER DT. 19.1.2015 ISSUED BY 3RD RESPONDENT. EXT. P20TRUE COPY OF THE LETTER DT. 23.1.2015 ISSUED BY 2ND RESPONDENT. EXT. P21TRUE COPY OF THE LETTER DT. 10.2.2015 ISSUED BY 3RD RESPONDENT. EXT. P22TRUE COPY OF THE LETTER DT. 25.2.2015 ISSUED BY PETITIONER. EXT. P23TRUE COPY OF THE LETTER DT. 5.5.2015 ISSUED BY 2ND RESPONDENT. EXT. P24TRUE COPY OF THE LETTER DT. 19.5.2015 ISSUED BY PETITIONER. RESPONDENT(S)' EXHIBITS :

NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

A. MUHAMED MUSTAQUE, J.

................................................. W.P.(C) No. 19234 of 2015 (D) ............................................... Dated this the 31st day of August, 2015

JUDGMENT

The petitioner, an awarder of the work by the 2nd respondent, has approached this Court on account of the non payment of the amount due to the work relating to the replacement of the pipes, which were lying in Kaloor-Kathrikadavu road. 2.It appears that on account of delay in obtaining consent from GCDA, the work could not be commenced by the petitioner. 3.The learned counsel for the petitioner submits that, the petitioner is prepared to undertake the work even though the time is over, provided that the respondents shall pay the entire amount for the supply made.

4.The learned standing counsel submits that since the petitioner failed to commence the work, they refused to disburse the amount. It is also admitted that the time of the execution of the work is over.

W.P.(C) No. 19234 of 2015 (D) 5.Considering the nature and public importance of the work, this Court is of the view that, the petitioner shall be given the entire amount for the supply made on condition that he shall execute a supplementary agreement to complete the work. Therefore, following direction is issued; the petitioner shall appear before the 2nd respondent and execute a supplementary agreement. Before signing the agreement, the entire amount for supply made by the petitioner shall be paid. Needful shall be done within a period of one month from today.

The writ petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE JUDGE AMV/31/08/