Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 27TH DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945 WP(C) NO. 29817 OF 2023 PETITIONER:
BALUKRISHNA M.B., AGED 42 YEARS, S/O. C. BALAKRISHNAN NAIR, WORKING AS GOVERNMENT CONTRACTOR, RESIDING AT MRIDULA VIHAR, T.C. 17/203, CHADIYARA, POOJAPPURA P.O., THIRUVANANTHAPURAM, PIN – 695012.
BY ADVS.
NISHA GEORGE ANN MARIA FRANCIS GEORGE POONTHOTTAM (SR.)
KAVYA VARMA M. M.
RESPONDENTS:
1 THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM – 682031.
2 PRATHEEKSHA BUS SHELTERS KERALA LIMITED, (GOVT. OF KERALA UNDERTAKING), GNA NO. 215, T.C. 101, 102, SAROJINI GANDHI NAGAR II STREET, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695014, REPRESENTED BY ITS MANAGING DIRECTOR.
3 PROJECT ENGINEER, PRATHEEKSHA BUS SHELTERS KERALA LIMITED, (GOVT. OF KERALA UNDERTAKING), GNA NO. 215, T.C. 101, 102, SAROJINI GANDHI NAGAR II STREET, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN – 695014.
BY ADV.SRI.K.V.MANOJ KUMAR, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29817 OF 2023 -2- JUDGMENT When this matter was called today, Sri.K.V.Manoj Kumar – learned Senior Government Pleader, conceded that the GST component was included in the contract amount; and therefore, that petitioner is entitled to receive the sums claimed in this writ petition.
2.
Smt.Ann Maria Francis – learned counsel for the petitioner, in response, submitted that all which her client is seeking is that Rs.2,71,566/- - which is the amount excluding the GST, be paid to her client without any avoidable delay; and therefore, that, going by the afore submissions of the learned Senior Government Pleader, it has now become fully grantable.
In the afore circumstances and with the consent of both sides, I allow this writ petition and direct the competent respondents to
WP(C) NO. 29817 OF 2023 -3- pay the amount of Rs.2,71,566/- (Rupees two lakhs seventy one thousand five hundred and sixty six), along with applicable GST, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
Sd/- DEVAN RAMACHANDRAN JUDGE akv
WP(C) NO. 29817 OF 2023 -4- APPENDIX OF WP(C) 29817/2023 PETITIONER EXHIBITS EXHIBIT -P1 A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT BEARING NO.DCEKM/7571/2017/F4 DATED 20.06.2018 EXHIBIT-P2 A TRUE COPY OF THE JUDGMENT DATED 21.08.2020 IN W.P(C) NO. 10046 OF 2020 PASSED BY THIS HON'BLE COURT EXHIBIT-P3 A TRUE COPY OF THE ORDER NO.
DCEKM/7571/2017-F4 DATED 05.03.2017 ISSUED BY THE DISTRICT COLLECTOR EXHIBIT-P4 THE RELEVANT SCREENSHOT FROM THE OFFICIAL WEBSITE OF MCA, AS DOWNLOADED ON 17.08.2023