Judgment
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
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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 PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T The present writ petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:
“a. issue of a writ of certiorari to set aside the Exhibit-P11 proceedings issued by the 4th respondent denying reimbursement of GST to petitioner.
b. To issue a writ, order or direction in the nature of mandamus commanding the 4th respondent to reimburse 12% of the GST amounts due to the petitioner for the subject work.
c. To grant such other reliefs as this Honourable Court may deem fit in the facts and circumstances of the case.”
2.
After some argument, the learned Counsel for the petitioner submits that he would like to withdraw this writ petition and pursue the remedy as has been contemplated under the agreement entered between the petitioner and the 4th respondent.
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In view thereof, the present writ petition is dismissed as withdrawn with liberty as prayed for.
Sd/- DINESH KUMAR SINGH JUDGE
jjj
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APPENDIX OF WP(C) 41586/2023
PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT PAGE OF THE MEMORANDUM OF PAYMENTS DATED NIL SHOWING THE DETAILS OF 1ST PART BILL AMOUNT OF RS.45,32,257/- (RUPEES FORTY FIVE LAKHS THIRTY TWO THOUSAND TWO HUNDRED AND FIFTY SEVEN ONLY) Exhibit P2 A TRUE COPY THE RELEVANT PAGE OF THE MEMORANDUM OF PAYMENTS DATED NIL SHOWING THE DETAILS OF 2ND PART BILL AMOUNT OF RS.1,26,45,463/-(RUPEES ONE CRORE TWENTY SIX LAKH FORTY FIVE THOUSAND FOUR HUNDRED AND SIXTY THREE ONLY) Exhibit P3 7. A TRUE COPY THE RELEVANT PAGE OF THE MEMORANDUM OF PAYMENTS DATED NIL SHOWING THE DETAILS OF 3RD PART BILL AMOUNT OF RS.98,33,083/-(RUPEES NINETY EIGHT LAKHS THIRTY THREE THOUSAND EIGHTY THREE ONLY) Exhibit P4 A TRUE COPY OF THE CIRCULAR NO. 90/2017/FIN DATED 14.12.2017 ISSUED BY THE 2ND RESPONDENT Exhibit P5 A TRUE COPY OF THE CIRCULAR NO.18/2019/FIN DATED 01.03.2019 ISSUED BY THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE CIRCULAR NO. 173/2019/FIN DATED 22.12.2019.ISSUED BY THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 10.11.2022 SENT BY THE PETITIONER TO THE 4TH RESPONDENT Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED 28.11.2022 SENT TO THE INFORMATION OFFICER, PYIP
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IRRIGATION DIVISION, KANNUR Exhibit P8 (a) THE TRANSLATED COPY OF COMMUNICATION DATED 28.11.2022 SENT TO THE INFORMATION OFFICER, PYIP IRRIGATION DIVISION, KANNUR Exhibit P 9 A TRUE COPY OF THE REPLY RECEIVED FROM THE INFORMATION OFFICER DATED 16.12.2022 Exhibit P9 (a) TRANSLATED COPY OF THE REPLY RECEIVED FROM THE INFORMATION OFFICER DATED 16.12.2022 Exhibit P 10 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.5783/2023 OF THIS HON'BLE COURT DATED 21.02.2023 Exhibit P11 A TRUE COPY OF THE PROCEEDINGS DATED 08.05.2023 ISSUED BY THE 4TH RESPONDENT Exhibit p11 (a) THE TRANSLATED COPY OF THE PROCEEDINGS DATED 08.05.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P 12 A TRUE COPY OF THE FORM 83 OF THE AGREEMENT (PWD) DATED NIL RESPONDENT EXHIBITS Exhibit R4(a) True copy of the Government Order dated 25-10-2018 granting administrative sanction Exhibit R4 (b) True copy of the order dated 12-02-2019 granting Technical Sanction.
Exhibit R4(c) True copy of the cotract agreement No. SE(CO) 2/2019- 20 dated 12-06-2019 Exhibit R4 (d) True copy of the circular dated 06-03-2019 of the Chief Engineer.
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Annexure R4 (a) A true copy of Exhibit R4 (d) intended to be produced in the above writ petition