Baburaj vs. State Of Kerala
Held
The High Court directed the 3rd respondent (General Manager, KSCCL) to consider and dispose of the petitioner's representation seeking disbursement of GST amounts within four weeks, in light of the specified circulars (Exts.P4 and P5).
Facts
A PWD contractor completed a construction project for the Kerala State Construction Corporation Limited. He alleges the agreement omitted GST calculation and that the respondent paid only the work value, excluding GST, despite his expectation that GST would be added to the bill amount.
Key Issues
Whether the respondent department is obligated to pay GST in addition to the contract value to the contractor, and the proper procedure for addressing the contractor's claim for unpaid GST.
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946 WP(C) NO. 16658 OF 2024 PETITIONER: BABURAJ, AGED 61 YEARS, S/O.LATE BHASKARAN, RESIDING AT ORAYAMPURATH HOUSE, KURUKKANCHERRY, THRISSUR., PIN – 680007 BY ADV P.K.PRIYA RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 KERALA STATE CONSTRUCTION CORPORATION LIMITED, DOOR NO. 3/1521-A, BAY UNDER THE BRIDGE, NORTHERN SIDE OF RAILWAY STATION, PONNURUNNI, VYTTILA, COCHIN, REPRESENTED BY THE AUTHORIZED OFFICER., PIN - 682019 3 THE GENERAL MANAGER, KERALA STATE CONSTRUCTION CORPORATION LIMITED, VYTTILA, COCHIN., PIN - 682019 SRI. ARUN AJAY SHANKAR-GP, SRI. K.V. MANOJ KUMAR -SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 16658/2024
..2.. J U D G M E N T The petitioner is a registered PWD contractor. The 3rd respondent invited tenders for construction of Sub Registrar Office at Triprayar in Thrissur District. The
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