Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 21ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944 WP(C) NO. 5783 OF 2023 PETITIONER:
NJATTUMKALAYIL CONSTRUCTION COMPANY AGED 55 YEARS REPRESENTED BY ITS MANAGING PARTNER MATHEW ABRAHAM, S/O N.E. ABRAHAM, KADAYIRIPPU.P.O., KOLENCHERY,ERNAKULAM-, PIN – 682311 BY ADVS.
TESSY JOSE ELDHO PAUL RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAURAM.-, PIN - 695001 2 ADDITIONAL CHIEF SECRETARY (FINANCE ) SECRETARIAT, THIRUVANANTHAPUAM, PIN - 695001 3 THE CHIEF ENGINEER IRRIGATION PROJECT-I, CAUVERY CELL, CHUNGAM, KOZHIKODE, PIN - 673005 4 THE SUPERINTENDING ENGINEER IRRIGATION PROJECT CIRCLE, CIVIL STATION KANNUR-, PIN - 670002 5 THE EXECUTIVE ENGINEER IRRIGATION DEPARTMENT, PAZHASSI, IRRIGATION PROJECT DIVISION, KANNUR-, PIN - 670002 6 THE ASSISTANT ENGINEER, IRRIGATION DEPARTMENT, P.Y.I.P, MAINTENANCE SECTION,VELIYAMBRA, KANNUR, PIN - 670001 7 ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, P.Y.I.P, MAINTENANCE SECTION,VELIYAMBRA, KANNUR, PIN - 670001 DR. THUSHARA JAMES, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 5783 of 2023 2 T.R.RAVI, J.
-------------------------------------- W.P.(C) NO. 5783 of 2023 --------------------------------------- Dated this the 21st day of February, 2023 JUDGMENT Admit. Government Pleader takes notice for respondents.
2.
Writ Petition has been filed, praying for a direction to the 4th respondent to reimburse 12% of the GST amount due to the petitioner. The petitioner has preferred Ext.P5 representation which is pending before the 4th respondent.
In the above circumstances, the writ petition is disposed of, directing the 4th respondent to consider and pass orders on Ext.P5 representation after hearing the petitioner at the earliest at any rate within two months from the date of receipt of a copy of this judgment.
Sd/- T.R.RAVI, JUDGE APA
W.P.(C) No. 5783 of 2023 3 APPENDIX OF WP(C) 5783/2023 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE PART 111 MEMORANDUM OF PAYMENTS DATED NIL,SHOWING THE DETAILS OF FIRST PART BILL AMOUNT OF RS- 45,32,257/-(RUPEES FORTY FIVE LAKHS THIRTY TWO THOUSAND TWO HUNDRED AND FIFTY SEVEN ONLY ) Exhibit P2 THE TRUE COPY OF THE PART 111 MEMORANDUM OF PAYMENTS DATED NIL,SHOWING THE DETAILS OF SECOND PART BILL AMOUNT OF RS 1,26,45,463/-(ONE CRORE TWENTY SIX LAKHS FOURTY FIVE THOUSAND FOUR HUNDRED AND SIXTY THREE Exhibit P3 A TRUE COPY OF THE PART 111 MEMORANDUM OF PAYMENTS DATED NIL,SHOWING THE DETAILS OF THIRD PART BILL FOR AN AMOUNT OF RS.98,33083/-(NINETY EIGHT LAKHS THIRTY THREE THOUSAND AND EIGHTY THREE ONLY) Exhibit P4 TRUE COPY OF THE CIRCULAR NO. 18/2019 DATED 01.03.2019 ISSUED BY THE 2 ND RESPONDENT Exhibit P5 A TRUE COPY OF THE ABOVE SAID REPRESENTATION DATED 10.11.2022 SENT BY THE PETITIONER TO THE 4 TH RESPONDENT Exhibit P6 A TRUE COPY OF THE COMMUNICATION SENT TO THE INFORMATION OFFICER,PVIP IRRIGATION DIVISION, KANNUR Exhibit P7 A TRUE COPY OF THE REPLY RECEIVED FROM THE INFORMATION OFFICER DATED 16/12/2022