Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944 WP(C) NO. 7646 OF 2022 PETITIONER:
J.ABDUL VAHID, AGED 59 YEARS, S/O JAMALUDEEN KUNJU, E. J. CONSTRUCTIONS, KURUNDANTAYYATHU HOUSE, KADATHOOR P. O., THAZHAVA, KOLLAM.
BY ADVS.
R.SUNIL KUMAR A.SALINI LAL RESPONDENTS:
1 STATE OF KERALA, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC WORKS, GOVT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR INDUSTRIES DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.
3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM - 695 033.
4 THE MANAGING DIRECTOR, KITCO LTD., FEMITH'S P. B. NO.4407, PUTHIYA ROAD, N. H. BYE PASS, VENNALA, KOCHI – 682 028.
ADV. THUSHARA JAMES (SR GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7646 OF 2022 2 JUDGMENT The petitioner has approached this Court seeking a limited relief. The petitioner is a contractor, who bid for certain work tendered by the 4th respondent. According to the petitioner, the petitioner is entitled to reimbursement of GST. It is submitted that the petitioner has filed Ext.P4 representation before the 2nd respondent seeking the reimbursement of the GST component in respect of the work carried out by the petitioner for the 4th respondent.
2.
The learned counsel appearing for the petitioner prays that the 2nd respondent may be directed to consider Ext.P4 and take a decision thereon, after affording an opportunity of hearing to the petitioner.
3.
Heard the learned Senior Government Pleader also.
4.
Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P4 after affording an opportunity of hearing to the petitioner within a period of two months from the date of receipt of a certified copy of this judgment. It will be open to the petitioner to point out any
WP(C) NO. 7646 OF 2022 3 Government Orders etc which according to the petitioner indicate that the petitioner is entitled to GST compensation, at the time of hearing. I make it clear that I have not expressed any opinion on the merits of the matter and it is for the 2nd respondent to take decision in accordance with law.
The writ petition will stand disposed of as above.
Sd/- GOPINATH P.
JUDGE DK
WP(C) NO. 7646 OF 2022 4 APPENDIX OF WP(C) 7646/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF THE LETTER OF AWARD OF WORK DATED 10.06.2017.
Exhibit P2 COPY OF THE AGREEMENT ENTERED INTO BETWEEN PETITIONER AND THE 4TH RESPONDENT DATED 24.06.2017.
Exhibit P3 COPY OF THE GOVERNMENT ORDER DATED 27.01.2018.
Exhibit P4 COPY OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT DATED 24.10.2019.
Exhibit P5 COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 27.12.2018.