Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945 WP(C) NO. 27606 OF 2023 PETITIONER:
N.V. BABY AGED 70 YEARS S/O.SIMON VARGHESE, PERICKAMATTATHU HOUSE, EZHAKKARANADU SOUTH. P.O., ERNAKULAM, PIN - 682308 BY ADVS.
SAJI VARGHESE KAKKATTUMATTATHIL AMALENDU A.
AMMU M.
RESPONDENTS:
1 KERALA WATER AUTHORITY JALABHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 685033 2 THE FINANCE MANAGER & CHIEF ACCOUNT OFFICER KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 685033 3 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PH DIVISION, KADUTHURUTHY, KOTTAYAM, PIN - 686604 BY ADV GEORGIE JOHNY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27606 OF 2023 2 JUDGMENT
The petitioner singularly seeks that respondents be directed to disburse to him the amounts covered by Ext.P1 Bill, along with 18% GST, since the said rate is now prevailing one. He also seeks that respondents be directed to pay him interest for the delay in payment of the bill; and thus prays that this writ petition be allowed.
2.
In response to the afore request of the petitioner, as made by his learned counsel – Sri.Saji Varghese, learned Standing Counsel for the Kerala Water Authority (KWA) - Sri Georgie Jhony, submitted that it is since the revision of the GST rate requires to be ratified by the appropriate Authority that there has been any delay in payment of the bill. He submitted that, therefore, petitioner cannot seek any interest on such amounts, particularly when it is not on account of his client's fault or failure, that the rate of GST has now been reduced. He pleaded that a minimum of four months time be granted to his client to honour the bill, along with applicable rate of GST.
3.
Taking note of the afore submissions, I allow this Writ Petition and direct the Competent Authority of KWA to
WP(C) NO. 27606 OF 2023 3 honour the eligible amounts under Ext. P1 bill, along with the applicable rate of GST, after affording the petitioner an opportunity of being heard, as expeditiously as is possible but not later than four months from the date of receipt of a copy of this judgment.
Sd/-DEVAN RAMACHANDRAN,
JUDGE lsn
WP(C) NO. 27606 OF 2023 4 APPENDIX OF WP(C) 27606/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BILL DATED NIL IN 2021 FOR RS.15,86,083/- ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE LETTER DATED 20.03.2021 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE LSN