K.SATHYADEVAN Vs. KERALA WATER AUTHORITY

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner seeking for a direction to release an amount of Rs.12,95,869.00 due under the final bill for the work under Ext.P3 with interest @ 18% for Rs.23,95,869.00 from November, 2010 to June, 2012 and thereafter for Rs.12,95,869.00 till the date of payment. The further claim is for payment of damages to the tune of Rs.5 lakhs for deliberately withholding the final bill amount without any reason. The work in question was tendered to the petitioner by the Kerala Water Authority. Ext.P1 is the copy of the proceedings by which the work was awarded to the petitioner. It is stated in paragraph 5 of the writ petition that the petitioner has completed the work as per schedule and specifications and to the satisfaction of the department.

(2.) IN the writ petition several matters have been pointed out, including that the petitioner is required to pay 18% interest for the borrowed amount from a co-operative bank. He had to suffer proceedings under the SARFAESI Act also.

(3.) IT is submitted by the learned standing counsel that an amount of Rs.10.5 lakhs has been released to the petitioner and the balance has been kept as retention amount, which can be disbursed only after 18 months' of commissioning.