Njattumkalayil Construction Company , Represented By Its Managing Partner Mathew Abraham vs. State Of Kerala , Represented By Chief Secretary
Held
The High Court dismissed the writ petition as withdrawn. The petitioner was granted liberty to pursue the remedy contemplated under the agreement entered into between the petitioner and the 4th respondent.
Facts
A construction company filed a writ petition seeking reimbursement of 12% GST for work executed under a contract with the Irrigation Department, challenging the department's proceedings that denied such reimbursement.
Key Issues
The key legal issue was whether the petitioner was entitled to the reimbursement of GST amounts for the subject work and if the denial of such reimbursement by the respondent department was valid.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH TUESDAY, THE 30TH DAY OF JANUARY 2024 / 10TH MAGHA, 1945 WP(C) NO. 41586 OF 2023 PETITIONER/S:
NJATTUMKALAYIL CONSTRUCTION COMPANY, REPRESENTED BY ITS MANAGING PARTNER MATHEW ABRAHAM AGED 55 YEARS, S/O N.E. ABRAHAM, KADAYIRIPPU.P.O., KOLENCHERY, ERNAKULAM, PIN - 682311
BY ADVS. ELDHO PAUL TESSY JOSE CIMIL CHERIAN KOTTALIL VINAY KUMAR VARMA
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAURAM, PIN - 695001 2 ADDITIONAL CHIEF SECRETARY (FINANCE ), SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3 THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION, PUBLIC OFFICE COMPLEX, THIRUVANANTHAPURAM, PIN - 695033 4 THE SUPERINTENDING ENGINEER, IRRIGATION PROJECT CIRCLE, CIVIL STATION, KANNUR, PIN - 670002 5 THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, PAZHASSI, IRRIGATION PROJECT DIVISION, KANNUR, PIN - 670002
W.P.(C) No.41586/2023
-2-
6 THE ASSISTANT ENGINEER, IRRIGATION DEPARTMENT, P.Y.I.P., MAINTENANCE SECTION, VELIYAMBRA, KANNUR, PIN - 670001 OTHER PRESENT:
SUJITH MATHEW JOY- SPL.GP
THIS WRIT PET
The judgment continues below.
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