Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 30TH DAY OF MAY 2023 / 9TH JYAISHTA, 1945 WP(C) NO. 17201 OF 2023 PETITIONER/S:
SHAJI.K.N AGED 54 YEARS KUZHIPARAMBIL HOUSE, PALISSERY, PADUVAPURAM PO., ERNAKULAM DISTRICT, PIN - 683576 BY ADV RENNY AUGUSTINE RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO FISHERIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 SUPDERINTEDING ENGINEER HARBOUR ENGINEERING SOUTH CIRCLE, KAMALESWARAM, MANACAUD PO., THIRUVANANTHAPURAM, PIN - 696009 3 EXECUTIVE ENGINEER HARBOUR ENGINEERING SUB DIVISION, KOLLAM, PIN - 685009 4 ASSISTANT EXECUTIVE ENGINEER HARBOUR ENGINEERING SUB DIVISION, THANGASSERY, KOLLAM, PIN - 685009 5 ASSISTANT ENGINEER HARBOUR ENGINEERING SUB DIVISION, THANGASSERY, KOLLAM, PIN - 685009 OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2- W.P.(C). No. 17201 of 2023 P.V.KUNHIKRISHNAN, J.
====================================================== W.P.(C) No. 17201 of 2023 ============================================================= Dated this the 30th day of May, 2023 JUDGMENT The above writ petition is filed with following prayers:
“1. issue a writ of mandamus or any other appropriate writ, order, or direction directing the respondents to refund the GST amount of Rs.12,38,724/- referred in Ext. P4 and P6.
2. Call for the records leading to issuance of Exhibit Pl to P6 and quash Exhibit P5 by issuing a writ of Mandamus or any other appropriate writ, order or direction.
3. issue a writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to dispose Exhibit P4 and P6 in a time bound manner after affording an opportunity of a personal hearing of the petitioner.
4. Pass such other orders as this Hon'ble court deems fit and proper in the facts and circumstances of the case. And 5. Petitioner also prays that this Hon'ble court may be pleased to dispense with the translation of the documents produced in vernacular language.” (sic) 2.
When this writ petition came up for consideration, the counsel for the petitioner submitted that the petitioner will be
-3- W.P.(C). No. 17201 of 2023 satisfied, if a direction is issued to the 2nd respondent to consider Ext.P6 within a time frame, after giving an opportunity of hearing to the petitioner.
3.
Heard the Government Pleader also.
4.
After hearing both sides, I am of the considered opinion that this writ petition itself can be disposed of directing the 2nd respondent to consider Ext.P6 within a time frame.
Therefore, this writ petition is disposed of in the following manner:
1. The 2nd respondent is directed to consider and pass appropriate orders in Ext.P6, as expeditiously as possible, at any rate within two months from the date of receipt of a certified copy of this judgment.
2. Before passing final orders, the 2nd respondent will give an opportunity of hearing to the petitioner and other affected parties.
-4- W.P.(C). No. 17201 of 2023 3. The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 2nd respondent for compliance.
sd/- P.V.KUNHIKRISHNAN JUDGE das
-5- W.P.(C). No. 17201 of 2023 APPENDIX OF WP(C) 17201/2023 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF AGREEMENT NO.02/HESC/2020- 21 DATED 26.05.2020, EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENTS Exhibit-P2 TRUE COPY OF THE PRICE SCHEDULE ISSUED BY THE RESPONDENTS DATED 26.05.2020 Exhibit-P3 TRUE COPY OF THE RELEVANT PAGE OF CLAUSES 44 (C) IN FORM NO.83 OF THE TENDER SCHEDULE.
Exhibit-P4 TRUE COPY OF THE REPRESENTATION DATED 13.02.2023 SUBMITTED TO THE 3RD RESPONDENT Exhibit-P5 TRUE COPY OF THE REPLY OF THE 2ND RESPONDENT DATED 11.04.2023 Exhibit-P6 TRUE COPY OF THE REPRESENTATION DATED 02.05.2023