Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 17TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944 WP(C) NO. 6269 OF 2022 PETITIONER/S:
SHAMSUDHEEN P.P.
AGED 55 YEARS CLASS A P.W.D CONTRACTOR, SUHARA MANZIL, KUTTIKOL, THALIPARAMBA KANNUR DISTRICT 670 141 BY ADVS.
U.BALAGANGADHARAN G.GIREESH RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT 9ANNEX) THIRUVANANTHAPURAM 695 001 2 THE CHIEF ENGINEER KERALA STATE RURAL ROADS DEVELOPMENT AGENCY, THIRUVANANTHAPURAM 695 001 3 THE COMMISSIONER STATE GOODS AND SERVICE TAX DEPARTMENT, THIRUVANANTHAPURAM 695 001 4 THE STATE TAX OFFICER WORKS CONTRACT AND LUXURY TAX, STATE GST DEPARTMENT, KANNUR 670 001 5 SR. INTELLIGENCE OFFICER DIRECTORATE GENERAL OF GST INTELLIGENCE, KOZHIKKODE REGIONAL UNIT, NADAKKAVU P.O, KOZHIKODE 673 011 ADV. SYED M THANGAL (GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6269 OF 2022 2 JUDGMENT
Petitioner is a works contractor, who was selected for the execution of certain works by the 2nd respondent. It is the case of the petitioner that the work was allotted to the petitioner on the basis of bids submitted by the petitioner and it was the responsibility of the 2nd respondent to disburse the GST over and above bid amount. It is the submission of the learned counsel appearing for the petitioner that though the petitioner successfully completed all the works allotted to him and also obtained payment, the GST payable on the amounts have not been disbursed to the petitioner. It is submitted that the petitioner has filed Ext.P9 representation before the 2nd respondent and that the petitioner will be satisfied if the 2nd respondent considers and pass orders on Ext.P9, after affording an opportunity of hearing to the petitioner.
It is also submitted that till a decision is taken by the 2nd respondent, any coercive steps taken against the petitioner by the GST Department, may be kept in abeyance.
2.
Having heard the learned counsel appearing for the petitioner and the learned Senior Government Pleader appearing for the respondents and considering the limited nature of relief now sought for by the petitioner, this writ petition will stand disposed
WP(C) NO. 6269 OF 2022 3 of, directing the 2nd respondent to consider and pass orders on Ext.P9 representation, after affording to the petitioner an opportunity of being heard, within a period of one month from the date of receipt of a certified copy of this judgment. Till such time as orders are passed on Ext.P9, any proceedings initiated against the petitioner by the GST Department for recovery of amounts of GST shall be kept in abeyance.
The writ petition is disposed of as above.
sd/- GOPINATH P.
JUDGE ajt
WP(C) NO. 6269 OF 2022 4 APPENDIX OF WP(C) 6269/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE E-PROCUREMENT NOTICE DATED 3-09-2018 ISSUED BY THE SECOND RESPONDENT Exhibit P2 A TRUE COPY OF THE NOTICE INVITING TENDER (NIT) DATED 3-09-2018 ISSUED BY THE SECOND RESPONDENT Exhibit P3 A TRUE COPY OF AGREEMENT DATED 18-11-2019 EXECUTED BETWEEN THE PETITIONER AND SECOND RESPONDENT ALONG WITH SCHEDULE SHOWING PERCENTAGE OF (BOQ) BILL OF QUANTITIES Exhibit P4 A TRUE COPY OF AGREEMENT EXECUTED DATED 5-11- 2018 BETWEEN THE PETITIONER AND SECOND RESPONDENT WITH SCHEDULE APPENDED (BILL OF QUANTITIES) RELEVANT PAGES Exhibit P5 A TRUE COPY OF AGREEMENT DATED 5-11-2018 EXECUTED BETWEEN THE PETITIONER AND SECOND RESPONDENT WITH SCHEDULE APPENDED (BILL OF QUANTITIES) Exhibit P6 A TRUE COPY OF NOTICE DATED 1-2-2021 ISSUED BY THE 4TH RESPONDENT Exhibit P7 A TRUE COPY OF NOTICE DATED 22-12-2021 ISSUED BY THE 4TH RESPONDENT Exhibit P8 A TRUE COPY OF SUMMONS DATED 6-10-2021 ISSUED BY THE 5TH RESPONDENT Exhibit P9 A TRUE COPY OF NOTICE/REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DATED 18-1-2022 Exhibit P10 A TRUE COPY OF GOVT. ORDER (P) NO-3/2017/PWD ALONG WITH INSTRUCTIONS TO THE BIDDERS DATED 9.8.2017 Exhibit P11 A TRUE COPY OF RELEVANT PAGES OF THE GENERAL CONDITIONS OF CONTRACT.
Exhibit P12 A TRUE COPY OF THE NOTICE ISSUED BY 4TH RESPONDENT DATED 1.11.2022 TO THE PETITIONER.