Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 22ND DAY OF JANUARY 2024 / 2ND MAGHA, 1945 WP(C) NO. 38505 OF 2023 PETITIONER/S:
A. KISHORE AGED 52 YEARS (GOVERNMENT CONTRACTOR), S/O. ARJUNAN, ANJALI, KANNANCODU, VETTIKAVALA P.O., KOTTARAKKARA, KOLLAM DISTRICT, PIN – 691538.
BY ADV ANCHAL C.VIJAYAN RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC WORKS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE CHIEF ENGINEER (ROADS AND BRIDGES) PUBLIC OFFICE, MUSEUM P.O., THIRUVANANTHAPURAM, PIN - 695033 3 THE PRINCIPAL SECRETARY (FINANCE, EXPENDITURE AND RESOURCES) DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PWD ROADS AND BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM, PIN - 695033 5 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOLLAM, PIN - 691006
WP(C) NO. 38505 OF 2023 2 6 THE CHIEF ENGINEER KERALA STATE RURAL ROADS DEVELOPMENT AGENCY, 3RD FLOOR, REVENUE COMPLEX, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM, PIN - 695033 7 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, PROGRAMME IMPLEMENTATION UNIT, PMGSY, JILLA PANCHAYATH, KOLLAM, PIN - 691009 8 THE DEPUTY COMMISSIONER (ARREAR RECOVERY) TAX PAYER SERVICES, DEPARTMENT OF GOODS AND SERVICES TAX, KOLLAM, PIN – 691001.
OTHER PRESENT:
SMT.JASMINE M.M.-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38505 OF 2023 3 J U D G M E N T The present writ petition has been filed mainly seeking the following reliefs:
i. Issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding respondents 4 and 6 to forthwith consider Exhibits P2 and P3 - representations respectively and to release the 'Net GST compensation' payable to the petitioner in the light of Exhibit P1 - Government order and Exhibit P4 - directive issued by the 2nd respondent;
ii. Declare that 8th respondent is not justified in initiating recovery steps against the petitioner based on Exhibit P5 issued at the instance of respondents 4 to 7 since 'Net GST compensation' claims of the petitioner are pending consideration before respondents 4 to 7;
iii. Issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the 8th respondent to adjust the amount demanded as per Exhibit P5 from the amount covered in Exhibit P6;” 2.
Along with the counter affidavit filed by the learned Government Pleader, copy of the
WP(C) NO. 38505 OF 2023 4 proceedings of the Executive Engineer, PWD, Roads Division, Kollam dated 8.1.2024 has been placed on record as Ext.R5(a), whereby the petitioner's representation has been considered and orders have been passed.
3.
In view of the aforesaid development, nothing survives in the present writ petition, which is hereby dismissed. If the petitioner is aggrieved by the said order dated 8.1.2024, Ext.R5(a), he is at liberty to seek appropriate remedy as may be available to him as per law.
Pending interlocutory application, if any, in the present writ petition stands dismissed.
Sd/- DINESH KUMAR SINGH
JUDGE jg
WP(C) NO. 38505 OF 2023 5 APPENDIX OF WP(C) 38505/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF G.O.(P). NO. 2/2018/PWD DATED 27.01.2018 ISSUED BY THE 1ST RESPONDENT.
Exhibit P1(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P1.
Exhibit P2 TRUE COPY OF THE REQUEST DATED 10.06.2022 ALONG WITH DETAILS OF CONTRACT AMOUNT RECEIVED FROM THE DEPARTMENT OF PWD ROADS DIVISION, KOLLAM FROM 01.04.2021 TO 31.03.2022 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.
Exhibit P2(a) TRUE COPY OF THE REQUEST DATED 10.06.2022 ALONG WITH DETAILS OF CONTRACT AMOUNT RECEIVED FROM THE DEPARTMENT OF PWD ROADS DIVISION, KOLLAM FROM 01.04.2021 TO 31.03.2022 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE REQUEST DATED 05.08.2022 ALONG WITH DETAILS OF CONTRACT AMOUNT RECEIVED FROM THE DEPARTMENT OF KSRRDA/PIU/KOLLAM FROM 01.04.2021 TO 31.03.2022 SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT.
Exhibit P3(a) TRUE COPY OF THE REQUEST DATED 05.08.2022 ALONG WITH DETAILS OF CONTRACT AMOUNT RECEIVED FROM THE DEPARTMENT OF KSRRDA/PIU/KOLLAM FROM 01.04.2021 TO 31.03.2022 SUBMITTED BY THE PETITIONER TO THE 7TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE CIRCULAR NO. F.R. 2- 125/2018 DATED 27.12.2018 ISSUED BY THE 2ND
WP(C) NO. 38505 OF 2023 6 RESPONDENT.
Exhibit P4(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P4.
Exhibit P5 TRUE COPY OF THE NOTICE NO.32ACLPA6684P1Z4/2021-22 DATED 07.11.2023 ISSUED BY THE 8TH RESPONDENT TO THE PETITIONER.
Exhibit P5(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P5.
Exhibit P6 TRUE COPY OF THE COMMUNICATION NO.
66/PWD008-02/PD/PMU-KRFB/ 11B/KLM/2017 DATED 29.12.2021 ISSUED BY THE PROJECT DIRECTOR, KRFB - PMU THIRUVANANTHAPURAM TO THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOLLAM.
Exhibit P7 TRUE COPY OF THE NOTICE NO. DB-2 -371/2016 DATED 28.05.2018 ALONG WITH ACCEPTED SCHEDULE OF THE WORK ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
Exhibit P8 TRUE COPY OF THE AGREEMENT NO. 78/SESC/2018 - 19 DATED 21.08.2018 EXECUTED BY THE PETITIONER WITH 4TH RESPONDENT.
Exhibit P9 TRUE COPY OF THE SELECTION NOTICE NO. DB2 - 10743/2017 DATED 06.07.2018 ALONG WITH ACCEPTED SCHEDULE OF WORK ISSUED BY THE 4TH RESPONDENT.
Exhibit P10 TRUE COPY OF THE AGREEMENT NO. 80/SESC/2018 - 19 DATED 31.08.2018 EXECUTED BY THE PETITIONER WITH 4TH RESPONDENT.
Exhibit P11 TRUE COPY OF THE SELECTION NOTICE NO. DB2 - 7172/2018 DATED 27.02.2019 ALONG WITH ACCEPTED SCHEDULE OF WORK ISSUED BY THE 4TH
WP(C) NO. 38505 OF 2023 7 RESPONDENT.
Exhibit P12 TRUE COPY OF THE AGREEMENT NO. 280/SESC/2018 - 19 DATED 07.03.2019 EXECUTED BY THE PETITIONER WITH 4TH RESPONDENT.
Exhibit P13 TRUE COPY OF THE SELECTION NOTICE NO. DB2 - 3908/2018 DATED 13.02.2019 ALONG WITH ACCEPTED SCHEDULE OF WORK ISSUED BY THE 4TH RESPONDENT.
Exhibit P14 TRUE COPY OF THE AGREEMENT NO. 279/SESC/2018 - 19 DATED 07.03.2019 EXECUTED BY THE PETITIONER WITH 4TH RESPONDENT.
Exhibit P15 TRUE COPY OF THE TAX STATEMENT DATED 09.06.2022 ISSUED BY THE 5TH RESPONDENT.
Exhibit P16 TRUE COPY OF THE NOTICE NO.
531/B/KSRRDA/2018 DATED 07.02.2018 ISSUED BY THE 6TH RESPONDENT, "PMGSY-II-2017-18 (BATCH 1) PACKAGE NO. KR 06-53 CHADAYAMANGALAM BLOCK, KOLLAM DISTRICT INCLUDING MAINTENANCE FOR FIVE YEARS AFTER CONSTRUCTION".
Exhibit P17 TRUE COPY OF THE NOTICE NO.
ENGG.378/DB4/KSRRDA/2014 DATED 02.11.2014 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER FOR THE WORK - PMGSY - 2013 - 14 (PHASE VIII - BATCH 3) PACKAGE NO. KR-06-45, VETTIKAVALA BLOCK, KOLLAM DISTRICT INCLUDING MAINTENANCE FOR 5 YEARS AFTER CONSTRUCTION.
Exhibit P18 TRUE COPY OF THE AGREEMENT NO. 167/CE- KSRRDA/2014 - 2015 DATED 27.11.2014 EXECUTED BY THE PETITIONER WITH THE 6TH RESPONDENT.
Exhibit P19 TRUE COPY OF THE NOTICE NO. ENGG.5185- DB4/2013/KSRRDA DATED 27.12.2013 ISSUED BY THE SUPERINTENDING ENGINEER, KSRRDA,
WP(C) NO. 38505 OF 2023 8 THIRUVANANTHAPURAM TO THE PETITIONER FOR THE WORK - PMGSY (2013 - 14) PHASE VIII PACKAGE NO. KR-06-39, VETTIKAVALA BLOCK, KOLLAM DISTRICT INCLUDING MAINTENANCE FOR 5 YEARS AFTER CONSTRUCTION.
Exhibit P20 TRUE COPY OF THE AGREEMENT NO. 63/SE- KSRRDA/2013-2014 DATED 24.01.2014 EXECUTED BY THE PETITIONER WITH THE SUPERINTENDING ENGINEER, KSRRDA, THIRUVANANTHAPURAM.
RESPONDENT EXHIBITS Exhibit R5(a) True copy of the Order No.EERD- DV0KLm/1931/2023-A2-PWD Dated 08-01-2024 Exhibit R5(b) True copy of the relevant portion of the Agreement with regard to Vaikkom- Podiyattuvila road dated 31-08-2018 Exhibit R5(c) True copy of the circular No.18/2019/ Fin Dated 01-03-2019 Exhibit R5(d) A true copy of the GO(Rt) No.828/2010/PWD dated 21-05-2010 and its translation