Sabu P R vs. Executive Engineer

WP(C)/41231/2023HC KeralaGSTCNR KLHC01092340202319 December 2023Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN5 pages
AI SummaryPartly Allowed

Held

The Court directed the petitioner to apply for the agreed amount of Rs. 29,69,918/- (including 18% GST) through the 'Bill Accounting System'. The 4th respondent was ordered to disburse the eligible amounts within one month, while explicitly reserving the petitioner's right to seek any further balance through alternative forums.

Facts

The petitioner filed a writ petition seeking disbursement of amounts due for work done, including the GST component. The respondents informed the Court that they had acceded to the petitioner's claims and were ready to disburse Rs. 29,69,918/-, which included an 18% tax component, upon proper application.

Key Issues

The key legal issue was the delayed disbursement of contract payments, including the GST component, and the petitioner's right to claim any remaining balance beyond the amount offered by the respondents.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 19TH DAY OF DECEMBER 2023 / 28TH AGRAHAYANA, 1945 WP(C) NO. 41231 OF 2023 PETITIONER: SABU P R, AGED 50 YEARS, S/O RAGHAVAN, AROTHIPARAMBIL HOUSE, KAITHARAM PO, NORTH PARUR, ERNAKULAM, PIN – 683519. BY ADV K.V.RASHMI RESPONDENTS: 1 EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT DIVISION, DISTRICT PANCHAYAT OFFICE, KAKKANAD, ERNAKULAM, PIN – 682030. 2 ASSISTANT EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT DIVISION, DISTRICT PANCHAYAT OFFICE, KAKKANAD, ERNAKULAM, PIN – 682030. 3 ASSISTANT ENGINEER, LSGD SUB DIVISION, VYPIN BLOCK PANCHAYAT, AYYAMPILLY, ERNAKULAM, PIN – 682501. 4 CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, 5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE, KAUDIAR PO, THIRUVANANTHAPURAM, PIN – 695003. SMT K R DEEPA SPL GP(LSGD) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 41231 OF 2023 -2- JUDGMENT When this matter was called today, Smt.K.R.Deepa – learned Special Government Pleader for Local Self Government Department, submitted that the petition

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.