Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 21ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944 WP(C) NO. 9266 OF 2022 PETITIONER:
1 M/S. JYOTHY CONSTRUCTIONS, REP. BY MANAGING PARTNER, ABRAHAM RAJU AGED 37 YEARS, S/O. A.V. VARGHESE, RESIDING AT EDAYANAL HOUSE, PAZHAMTHOTTAM P.O., ALUVA, ERNAKULAM , 683 565.
BY ADVS.
TESSY JOSE ELDHO PAUL RESPONDENTS:
1 KERALA WATER ATUHORITY, REPRESENTED BY THE MANAGING DIRECTOR , JALABHAVAN VELLAYAMBALAM, THIRUVANANTHAPURAM P.O., THIRUVANANTHAPURAM 695 033.
2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H. CIRCLE, KANNUR 670 012.
3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, W.S . DIVISION, KANNUR 670 012.
4 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 033.
ADV. P.M. JOHNY, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.9266 of 2022 2 JUDGMENT Dated this the 21st day of November, 2022 The petitioner is an ‘A’ class Government contractor. He was a successful bidder in respect of a work for the Kerala Water Authority in respect of which Ext.P1 agreement was executed between the petitioner and the Kerala Water Authority.
2. According to the petitioner, the petitioner has completed the work allotted to him to the satisfaction of the Kerala Water Authority and has also received payment for the same. According to the petitioner, the petitioner is entitled to receive the GST over and above the amounts already paid to the petitioner. It is submitted that the Kerala Water Authority has already issued a circular dated 10.08.2017 (Ext.P2) regarding the reimbursement of GST. It is submitted that the petitioner has filed Ext.P3 representation in the month of January, 2022 and the same was not yet
WPC No.9266 of 2022 3 been considered by the competent authority. Learned counsel submits that the petitioner will be satisfied with a direction to the competent authority to consider Ext.P3 and to pass orders thereon.
3. The learned Standing Counsel appearing for the Kerala Water Authority has no objection in a direction being issued to the competent authority to consider Ext.P3.
This writ petition will therefore stand disposed of directing the competent among the respondents to take a decision on Ext.P3 representation submitted by the petitioner after affording to the petitioner an opportunity of being heard. A decision shall be taken on Ext.P3 within a period of two months from the date of receipt of a certified copy of this judgment.
Sd/- GOPINATH P.
JUDGE SKP/21-11
WPC No.9266 of 2022 4 APPENDIX OF WP(C) 9266/2022 PETITIONER’S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO.
79/2017-18/SE/PHC/KNR DATED 15.03.2018 EXECUTED BETWEEN PETITIONER AND THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE CIRCULAR GST/002.17 DATED 10.8.2017 ISSUED BY THE IST RESPONDENT.
EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 12.01.2022 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE