Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944 WP(C) NO. 9084 OF 2022 PETITIONER:
1 E.V.RAJU AGED 67 YEARS S/O. A.V. VARGHESE, RESIDING AT EDAYANAL HOUSE, PAZHAMTHOTTAM P.O, ALUVA, ERNAKULAM 683565.
BY ADV TESSY JOSE RESPONDENTS:
1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695033.
2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, P.H. CIRCLE, KANNUR - 670012.
**3 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, W.S. DIVISION, KANNUR - 670012.
** NAME OF R3 IS CORRECTED AS ``THE EXECUTIVE ENGINEER,KERALA WATER AUTHORITY ,PROJECT DIVISION, KANNUR 670 012" PER ORDER DATED 16/12/2022 IN IA 1/2022 4 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALABHAVAN, TRIVANDRUM - 695033.
BY ADV P.M.JOHNY, STANDING COUNSEL, KERALA WATER AUTHORITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.9084 of 2022 2 JUDGMENT Dated this the 06th day of December, 2022 The petitioner has approached this Court being aggrieved by the fact that despite the decision taken in terms of Ext.P3 to reimburse the GST amount over and above the amounts already paid to the petitioner, the Executive Engineer (3rd respondent) has not yet disbursed the amount of GST due to the petitioner.
2. The learned Standing Counsel for the respondent Kerala Water Authority would submit that pursuant to Ext.P3, the petitioner was required to submit certain details including certificate of a Chartered Accountant for processing the claim of the petitioner for reimbursement of GST. It is submitted that despite such request, the petitioner has not furnished the details and therefore, the Kerala Water Authority is not in a position to consider and process the claim of the petitioner.
WPC No.9084 of 2022 3 3. The learned counsel appearing for the petitioner states that the petitioner is willing to provide all details that may be necessary to enable the respondents to process the claim of the petitioner and if the petitioner is intimated about the details to be submitted, the petitioner would submit such details without further delay.
Having heard the learned counsel for the petitioner and the learned Standing Counsel for Kerala Water Authority, this writ petition will stand disposed of directing the 3rd respondent to intimate to the petitioner the details to be submitted by the petitioner for the purpose of processing the claim of the petitioner for reimbursement of GST. The 3rd respondent shall communicate the requirements to the petitioner within a period of two weeks from the date of receipt of a certified copy of the judgment. If the petitioner submits all the necessary details, a competent among the respondents shall take a
WPC No.9084 of 2022 4 decision on the claim of the petitioner for reimbursement of GST, within a period of two months thereafter.
Sd/- GOPINATH P.
JUDGE SKP/06-12
WPC No.9084 of 2022 5 APPENDIX OF WP(C) 9084/2022 PETITIONER’S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CIRCULAR NO. GST/002/17 DATED 10.08.2017 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN WP(C) 22352/2021 DATED 17.11.2021.
EXHIBIT P3 A TRUE COPY OF THE MINUTES OF HEARING CONDUCTED BEFORE THE 2ND RESPONDENT DATED 10.12.2021.
ALONG WITH TYPED COPY.
RESPONDENTS’ EXHIBITS:NIL TRUE COPY P.A.TO JUDGE