IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 22481 of 2008(B) ------------------------------------ PETITIONER(S): ----------------------- G. SURESH, WATER AUTHORITY CONTRACTOR, SUNITHA BHAVAN, AVANAVAN CHERRY, P.O. ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): ------------------------- 1. THE KERLA WATER AUTHORITY, REP. BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, SOUTHERN REGION, KERALA WATER AUTHORITY, VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, WATER SUPPLY DIVISION, KERALA WATER AUTHORITY, ATTINGAL, THIRUVANANTHAPURAM. 5. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 6. * ADDITIONAL 6TH RESPONDENT IMPLEADED C. SEBASTIAN, JOY'S THAZHAM SOUTH CHATHANNOOR PO, KOLLAM 691 572 REPRESENTED BY POWER OF ATTORNEY HOLDER V. GOPALAKRISHNAN, CHATHANNOOR PO, KOLLAM (*VIDE ORDER DATED 06.10.2008 IN I.A. 11013/2008) ADV. SRI.B.SURESH KUMAR FOR ADDL.R6 SMT.AMBIKA DEVI, SC, KWA FOR R1 TO 4 GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22481 of 2008(B) ------------------------------------ APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE AGREEMENT NO.93/2006-07 DATED 19.02.07 SIGNED BY THE PETITIONER WITH THE 4TH RESPONDENT EXECUTIVE ENGINEER WATER SUPPLY DIVISION, ATTINGAL EXT.P2 : COPY OF THE LETTER RECEIVED FROM THE BANK DT 12.06.08 EXT.P3 : COPY OF THE LETTER GIVEN TO THE 4TH RESPONDENT DT. 18.6.8 EXT.P4 : COPY OF THE NOTICE DATED 21.06.08 ISSUED TO THE 4TH RESPONDENT WITH COPIES TO OTHERS EXT.P5 : COPY OF THE NOTICE INFORMING THE INAUGURATION OF THE PROJECT ON 30.07.08 BY THE WRIT PETITIONER. EXT.P6 : COPY OF THE NOTICE RECEIVED FROM BANK DATED 04.03.09' EXT.P7 : COPY OF THE ORDER DATED 2004 TERMINATING THE WORK AWARDED TO SRI. SEBASTIAN EXT.P8 : COPY OF THE JUDGMENT IN W.P.(C)NO. 32051 OF 2004 DT. 02.11.04 EXT.P9 : COPY OF THE JUDGMENT IN WRIT APPEAL NO.2260 OF 2004 DATED 20.12.04 EXT.P10 : COPY OF THE REPRESENTATION DATED 24.12.04 EXT.P11 : COPY OF THE ORDER DATED 26.03.05 OF THE MANAGING DIRECTOR OF KERALA WATER AUTHORITY EXT.P12 : COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C)NO. 13085 OF 2005 DATED 03.05.05 EXT.P13 : COPY OF THE ORDER DATED 18.05.05 IN W.P.(C)NO. 13085 OF 2005 EXT.P14 : COPY OF THE JUDGMENT IN W.P.(C)NO. 13085 OF 2005 DT. 27.06.05 TRUE COPY PA TO JUDGE SMT S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.22481 OF 2008 --------------------------------------- Dated this the 17th day of March, 2011 JUDGMENT The petitioner has executed some work on behalf of the Kerala Water Authority. The petitioner's grievance in this writ petition is that an amount of Rs.14 lakhs due to the petitioner as per the final bill for execution of the work has not been paid to the petitioner yet. The petitioner seeks the following relief: “i) issue a writ in the nature of mandamus or any other appropriate writ direction or order directing the respondents to release the final bill amount of Rs.14 Lakhs with 18% interest from 25-8-2007 for the execution of the work for providing Water Supply to RWSS to Chemmannamkunnu Harijan Colony in Pullampara Panchayat as per Exhibit-P1 Agreement No.93/2006-07 dated 19-2-2007 forthwith” On 10.12.2008 this Court passed the following interim order in this writ petition: “Learned SC for the Water Authority submits that revised estimate for an amount of Rs.31.13 lakhs was drawn up in relation to the work which was done by the petitioner and was submitted before the 5th respondent on 17/11/08. Further it seems that there is a vigilance enquiry against the petitioner and files have therefore been with the vigilance department. In my view, the District Collector shall consider and pass orders on the revised estimate submitted by the Water Authority. Accordingly there will be a direction W.P.(C)No.22481/08 2 to the 5th respondent to consider the question of giving administrative sanction for the revised estimate submitted by the Water Authority for the work of water supply to Chemmanamkunnu Harijan colony in Pullampara Panchayat covered by agreement No.93 of 2006-07. orders in this regard shall be passed within four weeks from the date of receipt of a copy of this order. It shall be produced by the petitioner before the District Collector. Thereafter, the 5th respondent filed a counter affidavit in this writ petition stating as follows: “xxxx xxxx xxxx 2. The above Writ Petition is filed by the Contractor who had undertaken the work of supplying water under RWSS (Rural Water Supply Scheme) to Chemanamkunnu Harijanam Colony in Pullampara Panchayat. The case of the petitioner is that there is inordinate delay in disbursing the contract bill. In Order dated 10.12.2008 this Hon'ble Court had directed this respondent to give administrative sanction for the work carried out by the petitioner. In compliance with the above Order in letter No.D4/3039/07 dated 07.01.2009 this respondent had prepared the revised administrative sanction of the work and same was forwarded to the Government for approval. In G.O.(Rt) No.216/09/WRD dated 20.02.2009, the Government had granted administrative sanction and the Executive Engineer, Kerala Water Authority, Water Division Supply, Attingal has been requested by this respondent in letter dated 12.04.2009 to forward the final bill towards the work and issue necessary allotment so as to effect payment to the petitioner. This respondent had taken all possible steps to disburse the payment due to the petitioner”. The Water Authority has not chosen to file any counter affidavit. In the above circumstances, this writ petition is disposed of with a direction to the respondents to see that the W.P.(C)No.22481/08 3 amount due to the petitioner for execution of the work in question is disbursed to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(C)No.22481/08 4