Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946 WP(C) NO. 16067 OF 2024 PETITIONER:
C. D SAJEEV, AGED 63 YEARS S/O. C K DIVAKARAN (LATE), RESIDING AT DEVANJALI, NJARAKKAL PERINAD P. O, KOLLAM, PIN – 691 601.
BY ADVS.
UTHARA A.S NIDHI BALACHANDRAN RESPONDENTS:
1 KOLLAM CORPORATION, REPRESENTED BY THE SECRETARY, KOLLAM P. O, KOLLAM, PIN – 691 001.
2 SECRETARY, KOLLAM CORPORATION KOLLAM P.O.
KOLLAM, PIN – 691 001.
SRI. S. SREEKUMAR - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.16067 OF 2024 2 JUDGMENT The petitioner had booked an auditorium belonging to the 1st respondent Corporation for the conduct of the marriage of his daughter proposed to be held on 16.04.2023. However, due to some unforeseen circumstances, the marriage got cancelled and the petitioner on 23.02.2023 made request for cancellation of the booking and for refund of the amount collected from him. After a period of six months, an amount of Rs.1,19,000/- was returned to the petitioner after deducting an amount of Rs.10,000/- towards cancellation fees and Rs.18,000/- towards GST. The petitioner states that, as per his information, no GST was remitted by the respondents in the above transaction since the booking has already been cancelled and no service has been returned.
2.
The petitioner, therefore submitted Ext.P4 representation before the 2nd respondent to refund
WP(C).No.16067 OF 2024 3 the amount of Rs.18,000/- collected towards GST.
The limited prayer of the petitioner is for a consideration of Ext.P4 representation by the 2nd respondent.
3.
Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.
4.
In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the 2nd respondent to consider Ext.P4 representation, as expeditiously as possible and pass appropriate orders in accordance with law, within a period of one month from the date of receipt of a copy of this judgment.
The writ petition is disposed of with the above direction.
Sd/- MURALI PURUSHOTHAMAN JUDGE SPR
WP(C).No.16067 OF 2024 4 APPENDIX PETITIONER’
S EXHIBITS
:- EXHIBIT P1 A TRUE COPY OF THE RECEIPT OF PAYMENT MADE BY THE PETITIONER ON 15.11.2022.
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE RESPONDENT DATED 31.07.2023.
EXHIBIT P3 A TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 31.07.2023.
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 04.02.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE POSTAL RECEIPT DATED 05.02.2024.
RESPONDENT
S ANNEXURES
:- NIL.