Judgment
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 inclusion of the same. I do not think these are aspects on which this Court can exercise its jurisdiction under Article 226 of the Constitution of India. The issue is purely in the realm of contract between the parties and the petitioner has remedies left open in civil law. There is no constitutional right involved nor any fundamental right violated.
In such circumstances, this writ petition is dismissed without prejudice to the right of the petitioner to move the appropriate Forum for the reliefs that have been sought in this writ petition.
Sd/- T.R.RAVI JUDGE mpm
WP(C) NO. 5393 OF 2023 3 APPENDIX OF WP(C) 5393/2023 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE AGREEMENT NO.
150/SECCA/2018-19 DATED 5/3/2019 APPROVED AND SIGNED BY A SUPERINTENDING ENGINEER, PWD ROAD, CENTRAL CIRCLE, ALUVA.
Exhibit P2 A TRUE COPY OF THE BID DOCUMENT PROVIDED BY THE PUBLIC WORKS DEPARTMENT, KERALA.
Exhibit P3 A TRUE COPY O THE FOUR BILLS DATED 6/3/2021 AND 22/1/2022 ISSUED BY THE 1ST RESPONDENT.
Exhibit P4 A TRUE COPY OF THE LETTER DATED 19/5/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P5 A TRUE COPY OF THE GOVERNMENT CIRCULAR DATED 1/3/2019 ISSUED BY THE 3RD RESPONDENT.
Exhibit P6 A TRUE COPY OF THE REPLY DATED 8-6-2022.