Judgment
1 WP(C) No.18675 of 2023 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945 WP(C) NO. 18675 OF 2023 PETITIONER/S:
ABM CIVIL VENTURES PVT. LTD,ABM TOWERS, P.O.BOX 2040, KADAVANTHARA, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 682020 BY ADVS.
S.SANTOSH KUMAR (PERUNAD) DEEPAK THOMAS BINU VARGHESE RESPONDENT/S:
1 KERALA WATER AUTHORITY,REPRESENTED BY THE SUPERINTENDING ENGINEER, P.H.CIRCLE, KOLLAM, PIN - 691506 2 THE EXECUTIVE ENGINEER,PROJECT DIVISION, KERALA WATER AUTHORITY, JALABHAVAN, KOLLAM, PIN - 691001 3 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695036 4 STATE GOODS AND SERVICES TAX DEPARTMENT GOVT. OF KERALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS COMMISSIONER, PIN - 695002 5 CENTRAL GOODS AND SERVICE TAX DEPARTMENT GOVERNMENT OF INDIA, THIRUVANANTHAPURAM, REPRESENTED BY ITS COMMISSIONER, PIN - 695001 SMT.THUSHARA JAMES, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2 WP(C) No.18675 of 2023 C.S DIAS,J.
--------------------------- WP(C) No.18675 of 2023 ----------------------------- Dated this the 20h day of June, 2023 .
JUDGMENT The writ petition is filed, inter alia, to direct the first respondent to consider and dispose of Ext P5 representation submitted by the petitioner.
2.
The petitioner’s case is that, it is a construction company engaged in the execution and completion of the sewage treatment plant in Kollam Corporation. The petitioner was awarded contract on lump sum basis for Rs.25,96,84,679/- inclusive of GST. The GST rate was fixed at that point of time @ 12%. By Ext P4 circular dated 19.1.2022, the GST rate was increased to 18%.
3 WP(C) No.18675 of 2023 Hence, the petitioner submitted Ext P5 representation before the first respondent to increase the contract sum by 6% in view of the enhancement made in Ext P4 circular. Although the representation was submitted on 22.2.2022, the same has not been considered. Hence, the writ petition.
3.
Heard; Sri.S.Santhosh Kumar, the learned counsel appearing for the petitioner, Sri.V.V Joshy, the learned counsel appearing for the respondents 1 and 2, the learned Government Pleader appearing for the respondents 3 and 4 and Sri.Sreelal N Warrier, the learned Standing Counsel appearing for the fifth respondent.
4.
Having considered the pleadings and materials on record and taking note of the fact that Ext P5
4 WP(C) No.18675 of 2023 representation is pending consideration before the first respondent since 22.2.2022, I deem it appropriate to dispose of the writ petition in the following manner:
(i) The first respondent is directed to consider and dispose of Ext P5 representation, in accordance with law and as expeditiously as possible, at any rate within a period of one month from the date of receipt of a certified copy of the judgment, after affording the petitioner an opportunity of being heard.
The writ petition is ordered accordingly.
SD/- sks/20.6.2023 C.S.DIAS, JUDGE
5 WP(C) No.18675 of 2023 APPENDIX OF WP(C) 18675/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SELECTION NOTICE DATED 27.04.2020 ISSUED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 28.10.2020 Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE NIT Exhibit P4 TRUE COPY OF CIRCULAR NO.1/2022 DATED 19/01/2022 ISSUED BY THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 22.02.2022 Exhibit P6 TRUE COPY OF THE LETTER DATED 14.02.2023 ISSUED TO THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER DATED 14.03.2023 SENT TO THE 2ND RESPONDENT Exhibit P8(a) A TRUE COPY OF THE LETTER FROM THE 2ND RESPONDENT DATED 17.01.2022 Exhibit 8(b) A TRUE COPY OF THE LETTER FROM THE 2ND RESPONDENT DATED 07.03.2022 Exhibit 8(c) A TRUE COPY OF THE LETTER FROM THE 2ND RESPONDENT DATED 07.03.2022 Exhibit 8(d) A TRUE COPY OF THE LETTER FROM THE 2ND RESPONDENT DATED 28.06.2022 Exhibit 8(e) A TRUE COPY OF THE LETTER FROM THE 2ND RESPONDENT DATED 01.09.2022 Exhibit 8(f) A TRUE COPY OF THE LETTER FROM THE 2ND RESPONDENT DATED 02.11.2022 Exhibit (g) A TRUE COPY OF THE LETTER FROM THE 2ND RESPONDENT DATED 07.02.2023 Exhibit 8(h) A TRUE COPY OF THE LETTER FROM THE 2ND RESPONDENT DATED 03.04.2023