GEORGE MATHEW Vs. A.KOWSIGAN I.A.S.

JUDGEMENT

(1.) This Contempt of Court case is filed by the petitioner complaining that the directives contained in the judgment dated 03.07.2019, in W.P.(C).No.15600/2019, is not complied with.

(2.) A detailed affidavit is filed by the 4th respondent narrating the situation under which the directions contained in the judgment in its entirety could not be complied with by the Kerala Water Authority. The statement contained in paragraphs 2 and 3 of the affidavit are relevant to the context which read thus:

(3.) Apparently, on 27.01.2018, the State Government has passed an order, whereby, the Water Authority was liable to pay only 5% towards the GST, in accordance with the terms of the contract entered into by and between the Water Authority and any other contractor. Thereupon, after the judgment, the Water Authority has released only 5% of the amount. According to the Water Authority, though 7% was agreed to be paid to the petitioner, consequent to the Government Order, Water Authority could not pay the same and therefore there is no wilful or deliberate action on the part of the Water Authority in complying with the directions contained in the judgment.