Sherin Varghese vs. Deputy Chief Engineer
Held
The High Court disposed of the writ petition by directing the 2nd respondent (Executive Engineer, KSEB) to consider and decide on the petitioner's representation (Exhibit P3) within one month, after providing an opportunity of being heard to the petitioner.
Facts
The petitioner, a cable TV operator, uses KSEB electric poles for network connections and pays charges including GST. KSEB was not providing separate GST invoices for these services, which prevented the petitioner from claiming Input Tax Credit. The petitioner's representation to KSEB seeking resolution remained unaddressed.
Key Issues
The key legal issue was the KSEB's failure to issue separate GST invoices for charges collected for using electric poles, thereby preventing the petitioner from claiming Input Tax Credit, and the respondent's inaction on the petitioner's representation seeking such invoices.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945 WP(C) NO. 38722 OF 2022 PETITIONER: SHERIN VARGHESE, AGED 42 YEARS, S/O. VARGHESE JOSEPH, PROPRIETOR, KUMBALAM CABLE VISION, CHENNAPPILLIL, KUMBALAM, ERNAKULAM, PIN – 682506. BY ADVS. SMT. MARIYA RAJAN SMT. SHINU J.PILLAI SMT. S.SUJA SMT. LEKSHMI SUMUKHAN SMT. NESMEL DIVAN RESPONDENTS: 1 DEPUTY CHIEF ENGINEER, OFFICE OF THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, ERNAKULAM, PIN – 682018. 2 EXECUTIVE ENGINEER, ELECTRICAL CIRCLE, THRIPPUNITHURA, ERNAKULAM, PIN – 682301. BY ADV. SRI. B. PREMCHAND – SC - KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38722 OF 2022 2 DINESH KUMAR SINGH, J. -------------------------- W.P.(C) No.38722 of 2022 ------------------------- Dated this the 8th day of September, 2023 JUDGMENT
The present Writ Petition (Civil) under Article 226 of the Constitution of India is filed seeking the following reliefs; a) Issue a writ of Certiorari or any other appropriate writ, directions
The judgment continues below.
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