Judgment
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. 23350 OF 2023 PETITIONER/S:
SUGATHAN AGED 75 YEARS S/O.NARAYANAN, M/S. NAVIN CONSTRUCTION CORPORATION REPRESENTED BY ITS MANAGING PARTNER, RESIDING AT ILLIKKATTU HOUSE,NEAR EDAPPALLY RAILWAY GATE, AIMS, PONEKKARA, COCHIN-, PIN - 682041 BY ADVS.
JOBY JACOB PULICKEKUDY ANIL GEORGE ALEX KEVIN GEORGE DAJISH JOHN SMITHA PHILIPOSE ASHIK TOM AAKHIL MOHAMMED.P.M RESPONDENT/S:
1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PH CIRCLE, PALAKKADU, PIN - 676505 3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY CHITTOOR PALAKKADU, PIN – 676505 BY ADV P.M.JOHNY, SC, KERALA WATER AUTHORITY 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. 23350 OF 2023 -2- P.V.KUNHIKRISHNAN, J.
------------------------------------------------------- W.P.(C)No.23350 of 2023 --------------------------------------------------------- Dated this the 20th day of July, 2023 JUDGMENT The above writ petition is filed with the following prayers:
i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to reimburse the additional tax amounts paid for part bills.
ii) A part of English translation of Malayalam Exhibits may be dispensed with the above writ petition (C).
iii) Grant such other and further reliefs as this Hon’ble Court may deem fit and proper in the interest of justice.
2. The main prayer in this writ petition is to issue direction to respondents to reimburse additional tax amount paid by the petitioner for the part bill. The grievance of the petitioner is that, even though the petitioner submitted Ext.P3 representation before the 3rd respondent, the same is not considered.
3. Heard the learned Counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
WP(C) NO. 23350 OF 2023 -3- 4. Having heard both sides, I am of the considered opinion that the writ petition can be disposed of, directing the 3rd respondent to consider Ext.P3 representation within a time frame, after affording an opportunity of hearing to the petitioner.
Therefore, the writ petition is disposed of, directing the 3rd respondent to consider and pass appropriate orders on Ext.P3, after affording an opportunity of hearing to the petitioner, as expeditiously as possible, and at any rate, within one month from the date of receipt of a copy of this judgment. Petitioner will produce a copy of the judgment along with a copy of this writ petition to the 3rd respondent, for compliance.
Sd/- P.V.KUNHIKRISHNAN JUDGE uu
WP(C) NO. 23350 OF 2023 -4- APPENDIX OF WP(C) 23350/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE AGREEMENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1..
Exhibit P2 THE PHOTOCOPY OF THE CIRCULAR, GST/002/17 DATED 10/8/2017 ISSUED BY THE 1ST RESPONDENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2.
Exhibit P3 THE PHOTOCOPY OF THE REPRESENTATION DATED 8/7/23 ADRESSED TO THE 3RD RESPONDENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P3.