Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 28TH DAY OF FEBRUARY 2024 / 9TH PHALGUNA, 1945 WP(C) NO. 7893 OF 2024 PETITIONER :- RIJO JACOB, AGED 49 YEARS S/O. T.P. CHACKO, PROPRIETOR, M/S. ALRON INDUSTRIES, PALLOM P.O., KOTTAYAM DISTRICT, RESIDING AT THADAVANAL, KOOTTICKAL P.O., NARAGAMPUZHA, IDUKKI DISTRICT., PIN – 686514 BY ADVS.
SUNIL V.MOHAMMED MANOJ N.
TOM PIOUS THASNEEM ASHRAF RESPONDENTS :- 1 THE KERALA STATE ELECTRICITY BOARD LTD., REP. BY ITS MANAGING DIRECTOR, VYDYUTHI, BHAVANAM, PATTOM, THIRUVANANTHAPURAM., PIN – 695004 2 THE MANAGING DIRECTOR KERALA STATE ELECTRICITY BOARD LTD. VYDYUTHI, BHAVANAM, PATTOM, THIRUVANANTHAPURAM., PIN – 695004 3 THE DIRECTOR (TRANSMISSION) KERALA STATE ELECTRICITY BOARD LTD. VYDYUTHI, BHAVANAM, PATTOM, THIRUVANANTHAPURAM., PIN – 695004 4 THE ASSISTANT EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD LTD. SUB-STATION, SUB-DIVISION PALA, KAROOR P.O., PALA, KOTTAYAM DISTRICT., PIN - 686590 SRI.B.PREMOD, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7893 OF 2024 2 JUDGMENT The limited plea of the petitioner is that the 1st respondent be directed to refund him the eligible amounts remitted by him towards GST, qua a contract undertaken by him as per Exts.P1 to P5, with eligible interest thereon, within a time frame to be fixed by this Court.
2.
Sri. Sunil V. Mohammed - learned counsel for the petitioner, alleged that his client has been discriminated in a hostile manner because, as evident from Ext.P7, another contractor has already been granted the afore requested benefits; but that it is being denied to his client, without any tenable reason. He explained that this is also because, the contractor mentioned in Ext.P7 undertook work which is identical in nature to what was contracted by his client; and that too, which was completed almost simultaneously. He added that his client has already preferred Exts.P8 to P10 representations before respondents 1 to 3; and alternatively pleaded that the competent among them be directed to take them up and
WP(C) NO. 7893 OF 2024 3 dispose them of, adverting to Ext.P7, affording his client an opportunity to be heard.
3.
The learend Standing Counsel for the KSEB, submitted that, he does not have instructions whether the benefits offered to the contractor or in Ext.P7 would automatically become applicable to the petitioner herein also. He asserted that, for this, an evaluation of the factual situation in both the matters will have to be looked into; and offered that, if this Court is so inclined, the competent Authority of the 1st respondent will take up Exts.P1 to P3 and dispose them of, after hearing the petitioner and that during this process, Ext.P7 will also be adverted to.
4.
I have no doubt that the afore suggestion of the learned Standing Counsel for the KSEB is the best available to the petitioner because, at the first instance, this Court cannot decide the disputations of facts between the parties, while acting under Article 226 of the Constitution of India.
5.
In the above circumstances, I allow this Writ Petition and direct the competent Authority of the 1st respondent, to take up
WP(C) NO. 7893 OF 2024 4 Exts.P8 to P10 representations and dispose of the same, after affording an opportunity of being heard to the petitioner, adverting to Ext.P7; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
Needless to say, if, through the afore exercise, eligible amounts upon found due to the petitioner, then action for disbursement of the same shall be completed within a period of two months thereafter.
This Writ Petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN JUDGE SMA
WP(C) NO. 7893 OF 2024 5 APPENDIX OF WP(C) 7893/2024 PETITIONER EXHIBITS :- Exhibit P1 TRUE COPY OF THE GENERAL TENDER TERMS AND CONDITIONS CONCERNING THE TENDER Exhibit P2 TRUE COPY OF THE SPECIAL CONDITIONS OF CONTRACT ATTACHED TO THE TENDER Exhibit P3 TRUE COPY OF THE WORK ORDER NO.
26/2017-18 DATED 19.09.2017 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE AGREEMENT NO. SDP 19/17-18 DATED 05.10.2017 Exhibit P5 TRUE
COPY
OF
THE
ORDER
NO.
SDP/DB/MDKM/17-18
DATED
05.11.2018 ISSUED BY THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 18.02.2019 SUBMITTED BY THE PETITIONER AND THE SAID M/S. RUBICON PVT. LTD.
BEFORE THE MINISTER FOR ELECTRICITY Exhibit P7 TRUE COPY OF THE ORDER NO. BO (FTD) 488/2019/D(T&SO)/T7/PVTH/GST/RUBICON- MUNDAKKAYAM/2019-20/THIRUVANANTHAPURAM DATED 25.06.2019 OF THE KERALA STATE ELECTRICITY BOARD IN FAVOUR OF M/S.
RUBICON PVT. LTD. RECEIVED UNDER THE RTI ACT, 2005 ALONG WITH REPLY DATED 08.07.2021 OF THE PIO Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 14.08.2019 SUBMITTED TO THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 14.09.2021 SUBMITTED TO THE MINISTER FOR ELECTRICITY Exhibit P10 TRUE COPY OF THE COMMUNICATION DATED 08.03.2022 OF THE OFFICE OF THE MINISTER FOR ELECTRICITY