Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945 WP(C) NO. 2999 OF 2024 PETITIONER:
M/S.M.C.ELDHO & COMPANY, MOOLEKUDIYIL HOUSE, NELLAD P.O., MAZHUVANNUR, MUVATTUPUZHA, ERNAKULAM, REPRESENTED BY ITS MANAGING PARTNER, M.C. ELDHO, PIN – 686 669.
BY ADVS.
HARISANKAR V. MENON MEERA V.MENON R.SREEJITH K.KRISHNA PARVATHY MENON RESPONDENTS:
1 THE STATE TAX OFFICER, SECOND CIRCLE, STATE GOODS & SERVICES TAX DEPARTMENT, PERUMBAVOOR, ERNAKULAM, PIN – 683 542.
2 THE EXECUTIVE ENGINEER, TRAVANCORE DEVASWOM BOARD, WORKS DEPARTMENT, KOTTAYAM, PIN – 686 001.
3 THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN – 695 003.
4 THE COMMISSIONER OF STATE GST, STATE GOODS & SERVICES TAX DEPARTMENT, SALES TAX COMPLEX, KILLIPPALAM, KARAMANA, THIRUVANANTHAPURAM, PIN – 695 002.
5 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.
W.P.(C) No.2999/2024 -:2:- 6 ADDITIONAL CHIEF SECRETARY (FINANCE), FINANCE (INDUSTRIES & PUBLIC WORKS-B) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANATHAPURAM, PIN – 695 001.
BY ADVS.
SMT. JASMINE M M (GP) SRI. G. BIJU (SC-DEVASWOM BOARD) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.2999/2024 -:3:- J U D G M E N T The petitioner has approached this Court being aggrieved by the fact that, in respect of certain work being done by the petitioner for the 2nd respondent, no GST is being paid to the petitioner, though the 2nd respondent is legally bound to pay such GST.
2.
The learned counsel for the petitioner submits that the only relief now sought for by the petitioner is for a direction to the 2nd respondent to consider and pass orders on Ext.P4 within a time frame.
3.
Heard the learned Government Pleader and the learned Standing Counsel for the Travancore Devaswom Board.
4.
Having heard the leaned counsel for the petitioner, learned Government Pleader and the learned Standing Counsel for the Travancore Devaswom Board and considering the limited nature of relief now sought for by the petitioner, this writ petition will stand disposed of
W.P.(C) No.2999/2024 -:4:- directing the 2nd respondent to consider and pass orders on Ext.P4 in accordance with the law within a period of two months from the date of receipt of a certified copy of this judgment. I make it clear that I have not expressed any opinion on the merits of the petitioner’s claim.
Writ petition is disposed of as above.
Sd/- GOPINATH P.
JUDGE ats
W.P.(C) No.2999/2024 -:5:- APPENDIX OF WP(C) 2999/2024 PETITIONER’S EXHIBITS Exhibit P1 COPY OF TENDER SUBMITTED BY THE PETITIONER DTD. 24-03-2017 AS WELL AS THE AGREEMENT EXECUTED WITH THE DEVASWOM BOARD DTD. 03-08-2018 Exhibit P2 COPY OF STATEMENT SHOWING THE DETAILS OF THE WORKS AWARDED, PAYMENTS RECEIVED ETC. DTD.
NIL Exhibit P3 COPY OF CIRCLAR NO. 18/2019/FIN ISSUED BY THE 6TH RESPONDENT DTD. 01-03-2019 Exhibit P4 COPY OF LETTER SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 14-11-2023