Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 27TH DAY OF MARCH 2023 / 6TH CHAITHRA, 1945 WP(C) NO. 10592 OF 2023 PETITIONER:
1 DUROLAC, AGED 51 YEARS PLOT NO. 3, INDUSTRIAL DEVELOPMENT PLOT, ANGAMALY SOUTH, PIN - 683573 REP. BY ITS MANAGING PARTNER K.P. ANILDEV.
BY ADV SEBASTIAN JOSEPH (KURISUMMOOTTIL) RESPONDENTS:
1 THE STATE OF KERALA, REP. BY THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF FINANCE, M.G. ROAD, NEAR CENTRAL STADIUM, PALAYAM, THIRUVANANTHAPURALN-, PIN - 695001 2 THE SENIOR MANAGER (CE), OIL PALM INDIA LIMITED, KOTTAYAM SOUTH POST, KODIMATHA, KOTTAYAM, PIN - 686013 3 THE ASSISTANT MANAGER (CONSTRUCTION), OIL PALM INDIA LIMITED, KOTTAYAM SOUTH POST, KODIMATHA, KOTTAYAM-, PIN - 686013 4 THE STATE TAX OFFICER, DEPARTMENT OF STATE GOOD AND SERVICE TAX, THOTTAKKARA BUILDING, OPP. GOVERNMENT HOSPITAL, ANGANALY-, PIN - 683572 SRI. SANJAY THAMPI, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.10592 of 2023 2 T.R. RAVI, J.
------------------------------------ W.P.(C.) No.10592 of 2023 ------------------------------------ Dated this the 27th day of March, 2023 JUDGMENT Admit. Government Pleader takes notice for respondents 1 and 4. The respondents 2 and 3 appears through counsel.
2. The prayer in the writ petition is for a direction to the 2nd respondent to release the GST amount applicable to Ext.P2 tender work to the petitioner in the light of Ext.P7 Government Circular No.18/2019/Fin. dated 01.03.2019. The petitioner has preferred Ext.P6 for the above purpose.
In the above circumstances, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P6 after hearing the petitioner at the earliest, at any rate, within six weeks from the date of receipt of a copy of this judgment.
Sd/- T.R.RAVI JUDGE SKP/27-03
WPC No.10592 of 2023 3 APPENDIX OF WP(C) 10592/2023 PETITIONER’S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 17/7/2018 EXHIBIT P2 TRUE COPY OF THE NOTICE INVITING TENDER DATED 16/04/2021 EXHIBIT P3 TRUE COPY OF THE TERMS AND CONDITIONS FOR THE EXT. P2 TENDER WORK EXHIBIT P4 TRUE COPY OF THE ITEM RATE BILL OF QUANTITIES (BOQ) SUBMITTED BY THE PETITIONER AND WAS ACCEPTED BY THE RESPONDENTS 2 AND 3 EXHIBIT P5 TRUE COPY OF THE FINAL BILL DATED 28/06/2022 EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 14/03/2023 FILED BY THE PETITIONER BEFORE THE 2 ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE GOVERNMENT CIRCULAR NO.
18/2019/FIN. DATED 01/03/2019 EXHIBIT P8 TRUE COPY OF THE RUNNING ACCOUNT BILL PREPARED BY THE PWD DEPARTMENT IN A SIMILAR TYPE OF EXT.
P2 TENDER WORK DONE BY THE PETITIONER RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A. TO JUDGE