B.Sadasivan Pillai vs. The Secretary
Held
The Court directed the respondents to disburse the undisputed eligible amount as per the final bill (Ext.P9) within one month. However, the questions regarding the payment of interest and GST were explicitly left open for future consideration.
Facts
A contractor filed a writ petition seeking the disbursement of the final bill amount for work completed for the Kerala State Housing Board. The petitioner also sought a refund of input tax (GST) paid and commercial interest on the delayed payment.
Key Issues
Whether the respondents are liable to disburse the final bill amount to the petitioner, and if the petitioner is entitled to a refund of input tax (GST) and interest for delayed payment.
AI-generated summary — verify with the full judgment below
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 entir
The judgment continues below.
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