Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 11TH DAY OF AUGUST 2023 / 20TH SRAVANA, 1945 WP(C) NO. 26261 OF 2023 PETITIONER:
KCP INFRA LTD (FORMERLY KNOWN AS KCP ENGINEERS PVT LTD.), HAVING ITS ADMINISTRATION OFFICE AT 7A-7TH FLOOR, CALEDON SQUARE, AVINASHI ROAD, PEELAMEDU, COIMBATORE, TAMIL NADU, PIN - 641004 AND HAS ITS REG. OFFICE AT NO. 4, GROUND FLOOR, AALAYAM SPACE, AANANDHA ROAD, ALWARPET, CHENNAI - 600 018. REP. BY ITS P.R.O, K.SURESH KUMAR,(AUTHORISED SIGNATORY), BY ADVS.
K.S.SAJEEV KUMAR MOHANDAS K.CHACKO BISMI T.A.
RAMESH.P.N.
SUKESAN P.S.
DEVIPRIYA SATHYASEELAN RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, TRIVANDRUM,, PIN - 695001 2 THE PROJECT DIRECTOR KRFB,GROUND FLOOR, BSNL OFFICE BUILDING, DHOOR SANCHAR BHAVAN, THIRUVANANTHAPURAM, PIN - 695037 3 KERALA INFRASTRUCTURE INVESTMENT FUND BOARD KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN - 695001 4 THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001 5 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), PALAKKAD., PIN - 678001
W.P (C) No.26261 of 2023 2 6 THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), SUB DIVISION, MANNARKKAD, PALAKKAD, PIN - 678582 OTHER PRESENT:
SRI. K.V.MANOJ KUMAR, SC FOR R2, SMT. VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.26261 of 2023 3 P.V.KUNHIKRISHNAN - - - - - - - - - - - - - - - - - - - - - W.P (C) No.26261 of 2023 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2023 JUDGMENT This writ petition is filed with the following prayers:- “1) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the second respondent to pay the amounts corresponding to the ones shown in Exhibit P12 within a time frame to be fixed by this Hon’ble Court.
2) To direct the second respondent to dispose the Exhibit P12 application submitted by the petitioner after affording an opportunity of being heard the petitioner, within a time frame to be fixed by this Hon’ble Court.
3) Issue such other writ, directions or orders which this Hon’ble Court may deem fit in the facts and circumstances of the case.” (SIC) 2.
When this writ petition came up for consideration, the learned counsel for the petitioner submitted that the petitioner is mainly aggrieved by the non consideration of the representation submitted by them to implement the GST rate change to 18% for all the work contract services.
Other connected reliefs are sought for in the representation. The petitioner submitted Ext.P12 before the
W.P (C) No.26261 of 2023 4 2nd respondent. The grievance of the petitioner is that the same is not considered.
3.
Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 2nd respondent. I also heard the learned Government Pleader.
4.
After hearing both sides, I think this writ petition can be disposed of directing the 2nd respondent to consider Ext.P12 within a time frame.
Therefore, this writ petition is disposed of with the following directions.
1) The 2nd respondent is directed to consider and pass appropriate orders in Ext.P12, after giving an opportunity of hearing to a representative of the petitioner, as expeditiously as possible, at any rate within two months from the date of receipt of a certified copy of this judgment.
2) The petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance.
Sd/- P.V.KUNHIKRISHNAN JUDGE bng
W.P (C) No.26261 of 2023 5 APPENDIX OF WP(C) 26261/2023 PETITIONER EXHIBITS Exhibit 1 A TRUE COPY OF THE RESOLUTION PASSED BY THE BOARD OF DIRECTORS OF THE PETITIONER COMPANY DATED 17.06.2023 HELD AT ITS ADMINISTRATIVE OFFICE Exhibit 2 A TRUE COPY OF THE CERTIFICATE OF INCORPORATION DATED NIL PURSUANT TO CHANGE OF NAME ISSUED BY THE OFFICE OF REGISTRAR OF COMPANIES CHENNAI, TAMILNADU.
Exhibit P3 A TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 14.09.2018 ISSUED BY THE PROJECT MANAGEMENT UNIT ATTACHED TO KERALA ROAD FUND BOARD TO THE PETITIONER Exhibit P4 A TRUE COPY OF THE COMPLETION CERTIFICATE DATED NIL ISSUED BY THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROAD AND BRIDGES), PALAKKAD, PIN-678001 TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE ABSTRACT OF ORDER GORT NO: 9386/2018/FIN DATED, THIRUVANANTHAPURAM, 13/11/2018 ISSUED BY THE PRINCIPAL SECRETARY FINANCE Exhibit P6 A TRUE COPY OF THE CIRCULAR NO:
18/2019/FIN DATED, THIRUVANANTHAPURAM, 01/03/2019 ISSUED BY THE ADDITIONAL CHIEF SECRETARY FINANCE Exhibit 7 A TRUE COPY OF THE CIRCULAR NO.90/2017/FIN DATED THIRUVANANTHAPURAM 14.12.2017, ISSUED BY THE FINANCE (INDUSTRIES AND PUBLIC WORKS) DEPARTMENT Exhibit P8 A TRUE COPY OF THE REPRESENTATIONS DATED 25.01.2019 ISSUED BY THE PETITIONER TO THE 2ND RESPONDEN Exhibit 9 A TRUE COPY OF THE REPRESENTATIONS DATED
W.P (C) No.26261 of 2023 6 06.08.2021 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit 10 A TRUE COPY OF THE REPRESENTATIONS DATED 09.09.2021 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED 03.12.2021 ISSUED BY THE PETITIONER TO THE TEAM LEADER, KERALA ROAD FUND BOARD, ERNAKULAM Exhibit P12 A TRUE COPY OF THE LETTER DATED 7.06.2023 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P13 A TRUE COPY OF THE ACKNOWLEDGEMENT CARD DENOTING THE ACCEPTANCE OF EXHIBIT P12 NOTICE BY THE 2ND RESPONDENT