Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945 WP(C) NO. 23065 OF 2023 PETITIONER:
RIJU.K.JAMAL AGED 45 YEARS S/O JAMAL K.A, KARIYIL, PUTHENPURA, KAI141RALI LANE, NORTH GATE, VAIKKOM, KOTTAYAM DISTRICT, PIN - 686141 BY ADVS.
K.MOHAMMED RAFEEQ BIBIN MATHEW P.M.MATHEW AMARNATH R LAL SANALDEV E.P.
VISHNUMAYA ANANDAN FIDA P.
RESPONDENTS:
1 THE DIRECTOR FISHERIES DIRECTORATE, VIKAS BHAVAN, THIRUVANANTHUPURAM DISTRICT, PIN - 695033 2 MANAGING DIRECTOR,KERALA STATE COASTAL DEVELOPMENT CORPORATION LIMITED, KAMALESHWARAM, THIRUVANANTHUPURAM DISTRICT, PIN - 695009 3 CHIEF ENGINEER KERALA STATE COASTAL DEVELOPMENT CORPORATION LIMITED, CHALACHITHRA KALABHAVAN BUILDING, FIRST FLOOR, VAZHUTHACAUD, THIRUVANANTHUPURAM, PIN - 695009 4 THE ASSISTANT EXECUTIVE ENGINEER KERALA STATE COASTAL DEVELOPMENT CORPORATION LIMITED, ERNAKULAM DISTRICT, PIN – 682506 BY ADV.SRI.B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.23065 OF 2023 2 P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C)No.23065 of 2023 ---------------------------------------------- Dated this the 14th day of July, 2023 JUDGMENT The above writ petition is filed with the following prayers:
“A) Issue a writ of mandamus or any other writ, order or direction directing the first respondent
to
consider
Exhibit
P16 representation submitted by the petitioner before the first respondent and thereby to release the 12% GST amount which has been withheld by the first respondent from the bill which was submitted by the petitioner, along with its interest as expeditiously within a time period which may be prescribed by this honourable court.
B) Issue such other writ, orders or directions, which this honourable court may
WP(C) NO.23065 OF 2023 3 deem fit and proper in the interest of justice and circumstances of the case.”[SIC] 2.
After arguing for some time, the counsel appearing for the petitioner submitted that the petitioner will be satisfied, if a direction is issued to the 1st respondent to consider Ext.P16 in which the grievance raised by the petitioner is narrated in detail.
3.
Heard the learned Government Pleader also.
4.
After hearing both sides, I think this writ petition itself can be disposed of directing the 1st respondent to consider Ext.P16 within a time frame.
Therefore, this writ petition is disposed of in the following manner:
WP(C) NO.23065 OF 2023 4 i.
The 1st respondent is directed to consider and pass appropriate orders in Ext.P16, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.
ii.
Petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance.
Sd/- P.V.KUNHIKRISHNAN DM JUDGE
WP(C) NO.23065 OF 2023 5 APPENDIX OF WP(C) 23065/2023 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE SAID AGREEMENT DATED 02.07.2016 EXECUTED BETWEEN THE PETITIONER AND THE THIRD RESPONDENT EXHIBIT-P2 TRUE COPY OF THE COMMUNICATION DATED 15.07.2016 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT TO THE FOURTH RESPONDENT.
EXHIBIT-P3 TRUE COPY OF THE ACKNOWLEDGEMENT FORM OF HANDING OVER THE SITE TO THE CONTRACTOR DATED 16.07.2016 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER.
EXHIBIT-P4 TRUE COPY OF THE LETTER DATED 25.05.2017 ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT TO THE PETITIONER.
EXHIBIT-P5(A) TRUE COPY OF THE LETTER DATED 02.11.2017 ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT TO THE PETITIONER.
EXHIBIT-P5(B) TRUE COPY OF THE LETTER DATED 17.09.2018 ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT TO THE PETITIONER.
EXHIBIT-P6 TRUE COPY OF THE COMMUNICATION DATED 28.12.2018 ISSUED BY THE
WP(C) NO.23065 OF 2023 6 OFFICE OF THE SECOND RESPONDENT TO THE PETITIONER.
EXHIBIT-P7 TRUE COPY OF THE PROCEEDINGS OF THE THIRD RESPONDENT DATED 31.01.2019.
EXHIBIT-P8 TRUE COPY OF THE SUPPLEMENTAL AGREEMENT NO.1 DATED 01.02.2019 ENTERED INTO BETWEEN THE THIRD RESPONDENT AND THE PETITIONER.
EXHIBIT-P9 . TRUE COPY OF THE REPORT DATED 30.08.2022 SUBMITTED BY THE SECOND RESPONDENT BEFORE THE FIRST RESPONDENT.
EXHIBIT-P10 TRUE COPY OF THE EXTRACTION OF THE E-MAIL COMMUNICATION DATED 04.05.2022 SENT BY THE FIRST RESPONDENT
TO
THE
SECOND RESPONDENT.
EXHIBIT-P11 TRUE COPY OF THE COMMUNICATION DATED 09.05.2022 ISSUED BY THE SECOND RESPONDENT TO THE FIRST RESPONDENT.
EXHIBIT-P12 TRUE COPY OF THE COMMUNICATION DATED 31.05.2022 ISSUED FROM THE FIRST RESPONDENT TO THE SECOND RESPONDENT .
EXHIBIT-P13 TRUE COPY OF THE RECOMMENDATION DATED 09.06.2022 ISSUED BY THE SECOND RESPONDENT TO THE FIRST RESPONDENT REQUESTING THE RELEASE
WP(C) NO.23065 OF 2023 7 OF THE REVISED BILL AMOUNT TO THE PETITIONER.
EXHIBIT-P14 TRUE COPY OF THE REPORT DATED 16.03.2022 SUBMITTED BY THE JOINT DIRECTOR OF FISHERIES, CENTRAL ZONE BEFORE THE DIRECTOR OF FISHERIES, THIRUVANANTHAPURAM.
EXHIBIT-P15 TRUE COPY OF THE EXPLANATION DATED 30.08.2022 SUBMITTED BY THE SECOND RESPONDENT BEFORE THE FIRST RESPONDENT.
EXHIBIT-P16 TRUE COPY OF THE REPRESENTATION DATED 27.07.2022 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.
RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE