Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 18TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945 W.P.(C) NO.31130 OF 2022 PETITIONER:
TATI CONSTRUCTION PRIVATE LIMITED, 3/1010, NPM COMPLEX, BYE-PASS ROAD, KONDOTTY, MALAPPURAM-673 638, REPRESENTED BY ITS MANAGING DIRECTOR, BIJI G., S/O.GOPI, AGED 45 YEARS, DEVI ESTATE, 1ST MILE, KONDOTTY MALAPPURAM-673 638.
BY ADVS.K.MOHANAKANNAN H.PRAVEEN (KOTTARAKARA) RESPONDENTS:
1 REGISTRAR, CALICUT UNIVERSITY, THENJIPALAM, CALICUT UNIVERSITY P.O., MALAPURAM-673 636.
2 UNIVERSITY ENGINEER, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPURAM -673 636.
SRI.P.C. SASIDHARAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.31130 of 2022 -:2:- JUDGMENT Dated this the 18th day of March, 2024 The petitioner impugns Ext.P18 order of the Engineer of Calicut University on various grounds, but primarily that it has been issued without even affording him an opportunity of being heard.
2.
Sri.K.Mohanakannan, appearing for the petitioner, submitted that, though his client is entitled to be paid the eligible GST, because the estimate with respect to the work – which he has completed on behalf of the University - was without the said tax, it was denied to him; consequent to which, he preferred Ext.P7 representation, followed by Ext.P15. He alleges that even though Exts.P16 and P17 Circulars provide the Guidelines for implementing the GST, which also covers the University, the petitioner's request has been rejected through Ext.P18, without even affording him an opportunity of being heard. He thus reiteratingly prayed that Ext.P18 be set aside.
3.
Sri.P.C. Sasidharan, appearing for the Calicut University affirmed that the petitioner was not heard before
W.P.(C) No.31130 of 2022 -:3:- Ext.P18 had been issued but argued that for the reasons stated therein his claims are untenable. He submitted that Ext.P16 Circular dated 14.12.2017 has not been implemented in the University; and that his client is governed by Ext.P17 Circular dated 01.03.2019 as adopted through their order dated 14.11.2019; but that it has been made applicable only to works tendered after 14.11.2019. He added that, however, if this Court is inclined to direct the Engineer to hear the petitioner and take a fresh decision, he will not stand in the way of appropriate orders being issued but prayed that no affirmative declarations be made in this judgment and leave all issues to be left to be decided by the said Authority adverting to the applicable Circulars and other Rules and Regulations.
4.
I have examined Ext.P18 and as rightly stated by the petitioner, it does not mention that they were heard before the said order had been issued. When it comes to matters of contract, particularly the claims of the petitioner for payment of GST, the Authorities normally should have heard them also, before a final decision could have been taken.
5.
In such perspective, I deem it appropriate that the petitioner be granted relief; however, without entering into the merits of any other rival contentions.
W.P.(C) No.31130 of 2022 -:4:- 6.
In the afore circumstances, I allow this writ petition and set aside Ext.P18, solely because it has been issued without hearing the petitioner; with a consequential direction to the competent Engineer to reconsider Exts.P7 and P15, adverting to Exts.P16 and 17 Circulars, after affording an opportunity of being heard to them; thus culminating in an appropriate order and necessary action thereon, but not later than two months from the date of receipt of a copy of this judgment.
7.
Needless to say, since this Court has not entered into the merits of any other rival contentions, all of them are left open to be decided appropriately by the Engineer, while the afore exercise is completed.
If, through the afore exercise, any amounts are found due to the petitioner, the disbursement of the same shall be completed within a period of two months thereafter.
Sd/- DEVAN RAMACHANDRAN JUDGE bpr
W.P.(C) No.31130 of 2022 -:5:- APPENDIX OF WP(C) 31130/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT(RELEVANT PAGES) DATED 04-02-2017.
Exhibit P2 TRUE COPY OF THE 3RD PART BILL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20.1.2018.
Exhibit P3 TRUE COPY OF THE 4TH PART BILL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.2.2018.
Exhibit P4 TRUE COPY OF THE 5TH PART BILL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 31.3.2018.
Exhibit P5 TRUE COPY OF THE 6TH PART AND FINAL BILL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 26.8.2018.
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF FORWARDING LETTER OF THE FINAL BILL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATE 17.8.2018 .
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 5-1-2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE AGREEMENT DATED 30- 7-2018
EXECUTED
BETWEEN
THE PETITIONER AND UNIVERSITY Exhibit P9 TRUE COPY OF THE 1ST PART BILL DATED 21-01-2019
SUBMITTED
BY
THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P10 TRUE COPY OF THE 2ND PART BILL DATED 05-03-2019
SUBMITTED
BY
THE PETITIONER BEFORE THE 2ND RESPONDENT.
W.P.(C) No.31130 of 2022 -:6:- Exhibit P11 TRUE COPY OF THE 3RD PART BILL DATED 22-7-2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
Exhibit P12 TRUE COPY OF THE 4TH PART BILL DATED 21-11-2019
SUBMITTED
BY
THE PETITIONER
BEFORE
THE
2ND RESPONDENT .
Exhibit P13 TRUE COPY OF THE 5TH PART BILL DATED 10-3-2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P14 TRUE COPY OF THE FINAL BILLS DATED 26-2-2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED 2-2-2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT .
Exhibit P16 TRUE
COPY
OF
THE
CIRCULAR NO.90/2017/FIN. DATED 14.12.2017.
Exhibit P17 TRUE
COPY
OF
THE
CIRCULAR NO.18/2019/FIN. DATED 1.3.2019.
Exhibit P18 TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT,
UNIVERSITY,
DATED 26.4.22.
RESPONDENTS' EXHIBITS Exhibit R1(a) TRUE COPY OF RELEVANT PAGE OF M BOOKS (PAGE NO. 52/MB NO.3439) Exhibit R1(b) TRUE COPY OF THE RELEVANT PAGE OF M BOOKS (PAGE NO.97/MB NO.3439) Exhibit R1(c) TRUE COPY OF THE RELEVANT PAGE OF M BOOK (PAGE NO. 08/MB NO.3630)
W.P.(C) No.31130 of 2022 -:7:- Exhibit R1(d) TRUE COPY OF THE RELEVANT PAGE OF M BOOKS (PAGE NO. 72/MB NO.3624) Exhibit R1(e) TRUE COPY OF THE UNIVERSITY ORDER NO.14644/2016/ADMN DATED 17.12.2016 Exhibit R1(f) TRUE COPY OF THE UNIVERSITY ORDER NO.5713/2018/ADMN DATED 10.05.2018