Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 WP(C) NO. 15564 OF 2023 PETITIONER:
B.SADASIVAN PILLAI AGED 57 YEARS S/O BHASKARAN PILLAI, USHUS CONSTRUCTIONS, XI/325 EDAMON P.O, PUNALUR, KOLLAM, PIN - 691307 BY ADVS.S.ABHILASH K.SIJU PRATHEESH.P ANJANA KANNATH RENUKA VENU FATHIMA MOHAN AHSANA JOMY JOB RESPONDENTS:
1 THE SECRETARY KERALA STATE HOUSING BOARD, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001 2 THE EXECUTIVE ENGINEER KERALA STATE HOUSING BOARD DIVISION, DIVISION NO.I, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001 SRI.HARISH VASUDEVAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.15564/2023 2 P.V.KUNHIKRISHNAN, J.
-------------------------------- W.P.(C).No.15564 of 2023 ---------------------------------------------- Dated this the 01st day of June, 2023 JUDGMENT This writ petition is filed with following prayers:
i.
To issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents to pay and disburse the entire amount due to the petitioner on the basis of final bill submitted by him upon completion of the work.
ii.
To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to refund the input tax paid by the petitioner on the total bill amount @ 12% within a time limit fixed by this Hon'ble court.
iii.
To declare that the petitioner is entitled to get interest at the commercial rate of interest charged by the Federal Bank Ltd. from the petitioner and the respondents are liable to pay such interest from 31.12.2018 till the date of disbursal of the balance amount to the petitioner.
WP(C).No.15564/2023 3 iv.
To grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.
v.
To permit the petitioner to dispense with filing of translation of exhibits in vernacular language along with the writ petition.
(SIC) 2.
The main grievance of the petitioner is that the amount due to the petitioner as per Ext.P9 s not disbursed to the petitioner.
3.
Heard the learned Standing Counsel for the respondents also.
4.
There is no dispute about the amount due to the petitioner. If that be the case, the respondents have to disburse the amount to the petitioner as per Ext.P9 forthwith.
Th question of payment of interest can be left open.
Therefore, this writ petition is disposed of in the following manner:
1.
The respondents are directed to disburse the eligible amount as per Ext.P9, as expeditiously as possible, at any rate, within one month from the date of receipt of a stamped certified copy of
WP(C).No.15564/2023 4 this judgment.
2.
The question of payment of interest and GST are left open.
sd/- P.V.KUNHIKRISHNAN JV JUDGE
WP(C).No.15564/2023 5 APPENDIX OF WP(C) 15564/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AGREEMENT NO.08/2017-2018 DATED 8.9.2017 EXECUTED BY THE 2ND RESPONDENT.
Exhibit P2 A TRUE COPY OF THE LETTER NO.T- 53/2017/C/HB AWARDING TENDER TO THE PETITIONER DATED 23.8.2017 Exhibit P3 A TRUE COPY OF THE LETTER NO.T- 53/2017/C/HB(VOL.II)PART ISSUED BY THE 2ND RESPONDENT ON 5.9.2018 Exhibit P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT ON 2.5.2019 Exhibit P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 1ST RESPONDENT DATED 11.11.2019 Exhibit P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 10.3.2020 TO THE RESPONDENTS Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 5.1.2023 SUBMITTED TO THE 2ND RESPONDENT Exhibit P8 A TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE BOARD MEETING HELD ON 23.3.2023 RECEIVED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT Exhibit P9 A TRUE COPY OF THE FUND REQUEST SUBMITTED BY THE 2ND RESPONDENT DATED NIL Exhibit P10 A TRUE COPY OF THE INTEREST AND BALANCE CERTIFICATE DATED 13.4.2023 ISSUED BY THE SENIOR MANAGER AND BRANCH HEAD, FEDERAL BANK LTD., EDAMON BRANCH TO THE PETITIONER