IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 17500 of 2011(J) -------------------------- PETITIONER: --------------- RAJU.S, 'A'CLASS GOVERNMENT CONTRACTOR AGED 50 YEARS, S/O.V.SURENDRAN LEENA BHAVAN, MAYYANAD POST,KOLLAM BY ADV. MR. K.L.NARASIMHAN MR. A.MOHAMMED FAIZAL MR. N.KRISHNA PRASAD RESPONDENTS: --------------- 1. MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM,THIRUVANANTHAPURAM-695001 2. SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY,KOLLAM-691001 3. CHIEF ENGINEER(SR) KERALA WATER AUTHORITY, THIRUVANANTHAPURAM-695001 4. EXECUTIVE ENGINEER, P.H.SUB DIVISION, KERALA WATER AUTHORITY, KOLLAM-691001 BY MR. M. DINESH, STANDING COUNSEL, KERALA WATER AUTHORITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 17500 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 DATED 01.03.2007 : TRUE COPY OF THE NOTIFICATION NO. 6/2007 PROVIDING EXEMPTION FROM PAYMENT OF EXCISE DUTY IN RESPECT OF WATER SUPPLY PROJECTS ALONG WITH RELEVANT EXTRACT OF NOTIFICATION NO. 6/2006. EXT.P2 DATED 18.09.2008 : TRUE COPY OF THE COMMUNICATION KWA / PHC / Q / DB2 - 194(A) / 2005 (PART VIII) ISSUED BY THE THIRD RESPONDENT ACCEPTING THE TENDER SUBMITTED BY THE PETITIONER. EXT.P3 DATED 30.03.2009 : TRUE COPY OF THE COMMUNICATION NO. KWA / PHC / Q / DB2 - 194 (A) / 2005 / PART VIII BY THE SECOND RESPONDENT ON THE APPROVED BREAK UP OF PAYMENT FOR THE ACCEPTED PAC SUPPLIED TO THE PETITIONER. EXT.P4 DATED 05.06.2009 : TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECOND RESPONDENT TO THE DISTRICT COLLECTOR KOLLAM EXT.P5 DATED 27.07.2009 : TRUE COPY OF THE CERTIFICATE FOR EXEMPTION OF EXCISE DUTY ISSUED BY THE DISTRICT COLLECTOR, KOLLAM TO THE PETITIONER. EXT.P6 : TRUE COPY OF THE COMMUNICATION BY THE PETITIONER TO SECOND RESPONDENT FOR ARRANGING SANCTION FOR RAOD CUTTING FROM NH AUTHORITIES. EXT.P7 DATED 27.10.2009 : TRUE COPY OF THE COMMUNICATION BY THE PETITIONER TO FOURTH RESPONDENT. EXT. P8 DATED 10.08.2010 : TRUE COPY OF THE COMMUNICATION BY THE THIRD RESPONDENT TO THE PETITIONER. EXT.P9 DATED 10.11.2010 : TRUE COPY OF THE COMMUNICATION BY THE PETITIONER TO THE SECOND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 17500 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 29th June , 2011 JUDGMENT The petitioner, who is stated a contractor and awarded the relevant work, by the Water Authority seeks for interference of this Court, in so far as the amount due to the petitioner, despite the completion of the work to the satisfaction of the respondents, is still to be effected by the concerned respondent. 2. Heard the learned standing counsel appearing for the respondents as well. 3. The learned counsel for the petitioner submits that the petitioner will be satisfied, if a direction is given to the second respondent to consider and pass appropriate orders on Ext. P9 in accordance with law. 4. Considering the limited nature of relief sought for, this Court does not find it necessary to go into the merits of the case. The Writ Petition is disposed of directing the second respondent to consider and pass appropriate orders on Ext. P9 in accordance with law, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. W.P. (C) No. 17500 of 2011 : 2 : Petitioner shall produce a copy of this judgment along with copy of the writ petition before the second respondent for further steps. P. R. RAMACHANDRA MENON, JUDGE kmd