Sabu P R vs. Assistant Executive Engineer

WP(C)/3783/2024HC KeralaGSTCNR KLHC01077960202401 February 2024Bench: HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN4 pages
AI SummaryAllowed

Held

The High Court directed the 2nd respondent (Assistant Executive Engineer, Edapally Block Panchayat) to consider and pass appropriate orders on the petitioner's review petition (Ext. P4) within six weeks. The Court clarified that it had not considered the matter on its merits, leaving the respondent free to decide in accordance with law, including on maintainability.

Facts

The petitioner, a contractor, sought sanction of final bills including 18% GST for work done, along with interest for delayed payment. He also disputed finalized bills and requested a fresh measurement, and filed a review petition (Ext. P4) against a communication (Ext. P3).

Key Issues

The key legal issue was whether the High Court should direct the respondent authority to consider the petitioner's review petition concerning disputed final bills and the claim for GST payment.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 3783 OF 2024 PETITIONER(S): SABU P R, AGED 50 YEARS S/O RAGHAVAN,AROTHIPARAMBIL HOUSE, KAITHARAM PO, NORTH PARUR, ERNAKULAM, PIN – 683519 BY ADV K.V.RASHMI RESPONDENT(S): 1 ASSISTANT EXECUTIVE ENGINEER, ERNAKULAM DISTRICT PANCHAYAT OFFICE, NEAR AIRPORT ROAD, CIVIL STATION, THRIKKAKARA, KAKKANAD, KERALA, PIN – 682030 2 ASSISTANT EXECUTIVE ENGINEER, EDAPALLY BLOCK PANCHAYAT, MUNDIYATH ROAD, CHERANALLORE, EDAPALLY, KERALA, PIN – 683544 3 ASSISTANT ENGINEER, ELANKUNNAPUZHA GRAMA PANCHAYAT, PANCHAYAT OFFICE, VYPIN, KOCHI, KERALA, PIN – 682011 4 ERNAKULAM DISTRICT PANCHAYAT OFFICE, NEAR AIRPORT ROAD, CIVIL STATION, THRIKKAKARA, KAKKANAD, KERALA ,REP. BY ITS SECRETARY., PIN – 682030 SRI.SYED MURTHALA THANGAL – GP SRI.BENZIR.P.M., SC FOR R3 SRI.MOHAMMAD ZIYAD, SC FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 3783 OF 2024 2 JUDGMENT This writ petition is filed with the following

The judgment continues below.

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