Judgment
W.P.(C)No.24462 of 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 9TH DAY OF JULY 2024 / 18TH ASHADHA, 1946 WP(C) NO. 24462 OF 2024 PETITIONER/S:
SANTHOSH SIVANANDAN AGED 54 YEARS, S/O. SIVANANDAN, KRISHNA VILAS, T.C. 16/795, NEAR JAGATHY SCHOOL, JAGATHY, THIRUVANANTHAPURAM,, PIN – 695 014 BY ADVS.
ARUN THOMAS LEAH RACHEL NINAN RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001 2 THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT, BUILDINGS, SOUTH CIRCLE, THIRUVANANTHAPURAM,, PIN – 695 011 3 THE SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT, BUILDINGS, SOUTH CIRCLE, THIRUVANANTHAPURAM,, PIN – 695 011 4 EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, BUILDINGS DIVISION, THIRUVANANTHAPURAM,, PIN – 695 033 5 ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT BUILDINGS, SUB DIVISION, THIRUVANANTHAPURAM, PIN – 695 033 6 ASSISTANT ENGINEER PUBLIC WORKS DEPARTMENT BUILDINGS, RESIDENCY SECTION, THIRUVANANTHAPURAM,, PIN – 695 033 OTHER PRESENT:
SRI. SUNILKUMAR KURIAKOSE, SR. GP.
W.P.(C)No.24462 of 2024 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.24462 of 2024 3 JUDGMENT Dated this the 9th day of July, 2024 The petitioner had been entrusted with the construction of a retaining wall for the compound of the Government Law College, Thiruvananthapuram. The petitioner commenced the construction but was not able to proceed beyond a point due to obstruction from the local residents. The petitioner, therefore, sought cancellation of the contract and payment of the amount expended by him.
2. Pursuant to the directions issued by this court in the earlier round of litigation, the petitioner’s bill amount was paid.
Her present grievance is that the payment was made after deducting 2% of GST and without refunding the 10% GST already paid. The petitioner, therefore, made representations before respondents 3 and 4 requesting to pay the 12% GST component. This writ petition is filed seeking expeditious consideration of those representations.
3. I heard the learned counsel for the petitioner and the learned Senior Government Pleader.
W.P.(C)No.24462 of 2024 4 Considering the limited relief sought, the writ petition is disposed of directing the 3rd respondent to consider Exhibit P13 representation expeditiously and at any rate within two months of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioner.
Sd/- V.G. Arun
Judge vpv
W.P.(C)No.24462 of 2024 5 APPENDIX OF WP(C) 24462/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER DATED 1-6-2018 Exhibit P2 TRUE COPY OF THE SELECTION NOTICE ISSUED BY THE 3RD RESPONDENT DATED 10-06-2019 Exhibit P3 TRUE COPY OF THE COVERING LETTER ALONG WITH THE AGREEMENT DATED 24-6-2019 Exhibit P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE PRINCIPAL TO THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION ALONG WITH THE LETTERS DATED 12-8-2021 Exhibit P5 TRUE COPY OF THE LETTER DATED 24-08- 2021 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 3 TO 5 Exhibit P6 TRUE COPY OF THE LETTER DATED 1-10-2021 ISSUED BY THE ASSISTANT ENGINEER TO THE ASSISTANT EXECUTIVE ENGINEER Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.
33945/2022 OF THIS HONOURABLE COURT.
Exhibit P8 TRUE COPY OF THE ORDER ISSUED BY THE KERALA PUBLIC WORKS DEPARTMENT.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN COC.NO.239/2023 OF THIS HONOURABLE COURT DATED 3-1-2023.
Exhibit P10 TRUE COPY OF THE ACCEPTED SCHEDULE OF THE GOVERNMENT Exhibit P11 TRUE COPY OF THE CIRCULAR ISSUED BY THE FINANCE
DEPARTMENT
NO.18/2019/FIN.
DATED 1-3-2019.
Exhibit P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 22/01/2024.
Exhibit P13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 14/06/2024.