Judgment
WP(C) NO. 21754 OF 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 20TH DAY OF JULY 2023 / 29TH ASHADHA, 1945 WP(C) NO. 21754 OF 2023 PETITIONER/S:
REJI T. CHACKO AGED 60 YEARS THANNIKKAL HOUSE, THRIKKOTHAMANGALAM P.O., PUTHUPPALLY, KOTTAYAM, PIN - 686011 BY ADVS.
P.MOHANDAS (ERNAKULAM) K.SUDHINKUMAR GOKUL D. SUDHAKARAN R.BHASKARA KRISHNAN K.P.SATHEESAN (SR.)
SABU PULLAN BHARATH MOHAN RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE CHIEF ENGINEER OFFICE OF THE CHIEF ENGINEER (ROADS), PUBLIC OFFICE, THIRUVANANTHAPURAM, PIN - 695033 3 EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER (ROADS), PUBLIC WORKS DEPARTMENT, KOTTAYAM, PIN - 686001 4 THE DISTRICT TREASURY OFFICER DISTRICT TREASURY, CIVIL STATION, KOTTAYAM, PIN - 686001
WP(C) NO. 21754 OF 2023 2 OTHER PRESENT:
SRI. B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21754 OF 2023 3 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No. 21754 of 2023 -------------------------------------- Dated this the 20th day of July, 2023 JUDGMENT The above writ petition is filed with following prayers :
(i) “to issue a Writ of Mandamus or order or direction to the 1st respondent to pass orders pursuant to Ext.P4 letter written by the 2nd respondent praying to refund the GST amount deducted from the petitioner's bill;
(ii) to issue a Writ of Mandamus or order or direction to the 3rd respondent to adjust the amount of Rs. 7,93,782/- deducted from the petitioner's bill in any of the pending bills due to the petitioners;
(iii) to issue such other appropriate Writ, Order or direction as is deemed just and necessary in the circumstances of the case.
(iv) It is humbly prayed that this Hon'ble Court may be pleased to dispense with filing of the translation of vernacular documents.” [SIC] 2.
The petitioner is a licensed contractor. He had executed the work of improvements from 'Karikallumoozhy (Erumeli Junction) to Mukkada Road' with change 0/000 to 6/240 kms. It is the case of the petitioner that the work was
WP(C) NO. 21754 OF 2023 4 successfully completed by the petitioner within the stipulated time. As per Ext.P4, the Chief Engineer, PWD requested the 1st respondent to take necessary steps to get refund of the GST amount. The grievance of the petitioner is that the 1st respondent has not acted upon. Hence, this writ petition.
3.
Heard the learned counsel for the petitioner and the learned Government Pleader.
4.
After going through Ext.P4, I am of the considered opinion that there can be a direction to the 1st respondent to take appropriate steps and take appropriate decision based on Ext.P4 communication within a time frame.
Therefore, this writ petition is disposed of with the following directions :
1) The 1st respondent is directed to take appropriate steps and take appropriate decision based on Ext.P4 communication from the 2nd respondent, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.
2) The petitioner will produce a certified copy of this
WP(C) NO. 21754 OF 2023 5 judgment along with a copy of this writ petition before the 1st respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE SKS
WP(C) NO. 21754 OF 2023 6 APPENDIX OF WP(C) 21754/2023 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE LETTER WRITTEN BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 18- 10-2022 Exhibit-P2 TRUE COPY OF THE LETTER GIVEN BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 20- 10-2022 Exhibit-P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 11-01-2023 Exhibit-P4 TRUE COPY OF THE LETTER WRITTEN BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 5- 6-2023 Exhibit-P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 10-04-2023