Aneesh Appu vs. State Of Kerala
Held
The Court directed the competent respondents to process the petitioner's request for payment as per the bill and disburse the due amount within three months. The issue of GST deduction was not explicitly decided but implicitly addressed by directing payment of amounts found due.
Facts
The petitioner, a PWD contractor, completed work in January 2016 and submitted a final bill for payment. The payment of the approved bill amount is pending, and the petitioner seeks disbursement of the final bill amount and to prevent GST deduction.
Key Issues
Whether the respondents should disburse the pending final bill amount to the petitioner and whether GST should be deducted from the payment.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY ,THE 18TH DAY OF DECEMBER 2018 / 27TH AGRAHAYANA, 1940 PETITIONER/S: ANEESH APPU, AGED 30 YEARS PWD CONTRACTOR, S/O. APPU, VELYIKUDATH HOUSE, VASUPURAM, MATTATHUR VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT. BY ADVS. SRI.LINDONS C.DAVIS SMT.E.U.DHANYA RESPONDENT/S: 1 STATE OF KERALA, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 EXECUTIVE ENGINEER, PWD ROADS DIVISION, NEAR RAMANILAYAM, THRISSUR- 680 020. 3 ASSISTANT EXECUTIVE ENGINEER, PWD ROADS DIVISION, IRINJALAKUDA- 680121, THRISSUR DISTRICT. 4 ASSISTANT ENGINEER, PWD ROADS DIVISION, KODAKARA, PUDUKKAD P.O., THRISSUR- 680301. OTHER PRESENT: SR.GP B VINOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT The petitioner has approached this Court seeking the following reliefs: “i. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to disburse the final bill amount within a time framed fixed by this Hon'ble Court. ii. To
The judgment continues below.
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