T.I.Korath v. Kerala Water Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937 WP(C).No. 34606 of 2015 (A) ---------------------------- PETITIONER :

---------------------- T.I. KORATH, AGED 67 YEARS, S/O.T.E.ITHAPPIRI, THURUTHUMMEL HOUSE, KUSUMAGIRI P.O., KAKKANAD, KOCHI-30, ERNAKULAM DISTRICT.

BY ADVS.SRI.JOY GEORGE SRI.P.R.LESLIE STEPHEN SRI.C.X.ANTONY BENEDICT SMT. TANYA JOY RESPONDENT(S):

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

1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, KERALA WATER AUTHORITY, PATTOM, THIRUVANANTHAPURAM-695 001

2. THE CHIEF EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM. PIN-695 001

3. THE CHIEF ENGINEER, KERALA WATER AUTHORITY, CENTRAL REGION, ERNAKULAM.PIN-682 018

4. ASSISTANT EXECUTIVE ENGINEER, P H SUB DIVISION, VADAKKEKARA, ALUVA-683 101 BY SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 34606 of 2015 (A) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

THE CERTIFICATE ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER P H DIVISION CERTIFYING THE WORK.

P2 :

TRUE COPY OF THE BILL IN RESPECT OF THE 1ST REACH OF WORK IN ARWSS.

P3 :

TRUE COPY OF THE BILL IN RESPECT OF THE 2ND REACH OF WORK IN ARWSS.

P4 :

TRUE COPY OF THE LETTER NOA2 4674(A/96)DT. 23-9-2013 FOR THE 1ST REACH OF WORK.

P5 :

TRUE COPY OF THE LETTER NOA2 4674(A/96) DT. 23-9-2013 FOR THE 2ND REACH OF WORK.

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.S.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.34606/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 25th Day of November, 2015

J U D G M E N T

The petitioner, a contract, has undertaken certain works on behalf of the Kerala Water Authority. He has approached this Court seeking a direction against the respondents to settle his spending dues and to award the amount with 12% interest.

2.

The learned Standing Counsel for the Kerala Water Authority would submit that they are prepared to settle the admitted dues and that the petitioner is not entitled for interest.

3.

In the facts and circumstances, there shall be a direction to the respondents to pay the outstanding dues within six weeks from the date of receipt of a copy of this judgment. The claim for interest is left open. The writ petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms