Jiby Paul vs. The Chief Engineer (Roads)
Held
The High Court declined to exercise its Article 226 jurisdiction, holding that the dispute was purely contractual between the parties. It found no constitutional or fundamental right violation and directed the petitioner to pursue remedies available under civil law.
Facts
The petitioner, a contractor, sought relief claiming that a government contract he entered into did not stipulate for the inclusion of the GST component, and the quoted rate excluded it. He contended that the GST component should be paid separately.
Key Issues
Can the High Court, under Article 226, intervene in a contractual dispute concerning the non-inclusion of a GST component in a government contract? Does such a dispute involve a violation of constitutional or fundamental rights?
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 17TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944 WP(C) NO. 5393 OF 2023 PETITIONER: JIBY PAUL, AGED 54 YEARS S/O. PAULOSE, KOORANTHAZHATHUPARAMBIL, PEECHANIKADU, PULIYANAM PO, ANGAMALY, ERNAKULAM – 680502. BY ADV JOSEPH M.P. RESPONDENTS: 1 THE CHIEF ENGINEER (ROADS), PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE COMPLEX, MUSEUM PO, THIRUVANANTHAPURAM – 695033. 2 SUPERINTENDING ENGINEER ROADS & BRIDGES, CENTRAL CIRCLE, SUB JAIL ROAD, PERIYAR NAGAR, ALUVA – 683101. 3 EXECUTIVE ENGINEER PWD ROADS DIVISION, CHEMBUKAVU, THRISSUR – 680006. DR. THUSHARA JAMES, SR.GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5393 OF 2023 2 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.5393 of 2023 -------------------------------------------- Dated this the 17th day of February, 2023 JUDGMENT The writ petition has been filed claiming that the petitioner has entered into a contract with the Government, in which there is no stipulation for inclusion of the GST component and the rate is quoted without in
The judgment continues below.
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