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High Court of KeralaWP(C)/21189/2015disposed of

Lalas Construction Company v. Kerala Water Authority

2015-09-30Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937 WP(C).No. 21189 of 2015 (W) ---------------------------- PETITIONER:

------------------- LALAS CONSTRUCTION COMPANY, A PARTNERSHIP FIRM, REPRESENTED BY ITS MANAGING PARTNER, VINOD LAL, "LALAS", THATTAMALA POST, KOLLAM - 691 020.

BY ADVS.SRI.K.L.NARASIMHAN SRI.A.MOHAMMED FAIZAL SRI.N.KRISHNA PRASAD RESPONDENT(S):

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

1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010.

2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010.

3. THE SUPERINTENDING ENGINEER, PH CIRCLE, KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010.

4. THE EXECUTIVE ENGINEER, PH CIRCLE, KERALA WATER AUTHORITY, ARUVIKKARA DIVISION, THIRUVANANTHAPURAM - 695 564.

BY SRI.GEORGE MATHEW, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 21189 of 2015 (W) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------- EXT.P1 :

TRUE COPY OF THE PROCEEDINGS OF THE SECOND RESPONDENT DATED 26-11-2007.

EXT.P2 :

TRUE COPY OF THE OBJECTION DATED 16-04-2015 FILED BY THE PETITIONER.

EXT.P3 :

TRUE COPY OF THE COMMUNICATION DATED 03-08-2010 FILED BY THE PETITIONER.

EXT.P4 :

TRUE COPY OF THE COMMUNICATION DATED 03-08-2010 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT TO THE SECOND RESPONDENT.

EXT.P5 :

TRUE COPY OF THE CERTIFICATE OF RECOVERY DATED 28-10-2014. EXT.P6 :

TRUE COPY OF THE OBJECTION DATED 10.11.2014.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.21189 of 2015 ****************************************************************************** Dated this the 30th day of September, 2015

JUDGMENT

The petitioner is a company. They have undertaken contractual work on behalf of the Water Authority. The work was completed in the year 1997. The petitioner was not paid the entire bill amount. It is admitted that it is on account of the Vigilance Enquiry, the amount was not paid.

2.

The petitioner now relies on Ext.P5 and submits that based on the Vigilance Enquiry, the amount has been recovered from them. Therefore, the petitioner submits that after recovery, the amount due to them shall be released.

In view of the above, there shall be a direction to the third respondent to release the balance amount to the petitioner within two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln