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2026 Supreme(Online)(Ker) 30878

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ziyad Rahman A.A., J
Sivaprasad – Appellant
Versus
Kerala Water Authority – Respondent


Advocates:
For the Appellants/Petitioners: V. Premchand, Haliya T.P., Mahadev M.J., Anil George, Joby Jacob Pulickekudy, Smitha Philipose, Ashik Tom, Alex Kevin George, Adarsh K., Aina Shireen N.I.
For the Respondents: Georgie Johny, Sujith Mathew Jose, P.K. Bau, Justine Jacob

Table of Content
1. the factual backdrop regarding non-payment of contract dues and the inter-departmental dispute between the state and the authority. (Para 1 , 2 , 3)
2. contractors are entitled to receive payments for completed works irrespective of funding disputes between state bodies. (Para 4)

JUDGMENT

[WP(C) Nos.29449/2025, 29456/2025, 29525/2025, 30495/2025, 32174/2025]

In all these cases, the petitioners are the contractors, who had undertaken various works under the scheme substantially funded by the NABARD. Most of the petitioners have completed the work in the year 2022 and in the case of certain petitioners work was completed in 2024. As per the scheme of the work, 85% of the total amount would be provided by the NABARD and the remaining 15% will have to be released by the State Government as its share. It was in those understanding, the administrative sanction was granted, the tenders were invited and the works were awarded to the respective petitioners in these cases. In all the cases, the petitioners have received the amounts equivalent to 85% payable by the NABARD and the grievance of the petitioners is with respect to the non-receipt of the amount of 15% from the Stat

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