Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944 WP(C) NO. 16473 OF 2022 PETITIONER:
THOPPIL INFRASTRUCTURE PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR, THAJUDEEN A., S/O.ALIKANNU, THOLIKKUZHI, ADAYAMON P.O., KILIMANOOR, THIRUVANANTHAPURAM-695 614.
BY ADV AJITH KRISHNAN RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT ROADS, PUBLIC OFFICE, THIRUVANANTHAPURAM - 695 033.
4 THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT ROADS, PUBLIC OFFICE, THIRUVANANTHAPURAM-695 033 5 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT ROADS DIVISION PUBLIC OFFICE, THIRUVANANTHAPURAM-695 033 BY ADV. THUSHARA JAMES, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.16473/2022 -2- J U D G M E N T The petitioner who is a PWD Contractor had executed certain works on behalf of the Public Works Department for the period from 01-07-2017 to 01-03- 2019. It is the case of the petitioner that the works awarded during this period were awarded for amounts excluding the GST liability and GST is to be reimbursed over and above the amounts quoted by the petitioner for executing the works. It is submitted that despite demand the 1st respondent has not taken any decision on the request made by the petitioner for reimbursement of GST amount. The learned counsel for the petitioner states that at present it would be sufficient if this court were to direct the 1st respondent to consider and pass order on Ext.P10 after affording an opportunity of hearing to the petitioner.
2.
The learned Special Government Pleader appearing for the respondents has no objection to such a course of action.
3.
Considering the submissions made by both sides, this writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P10 request made by the petitioner after affording an opportunity of hearing to the petitioner within a period of 2 months from the date of receipt of a copy of this judgment.
Sd/- GOPINATH P.
JUDGE AMG
W.P (C) No.16473/2022 -3- APPENDIX OF WP(C) 16473/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CIRCULAR NO.18/2019/FIN., DATED 1/3/2019, ISSUED BY THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE SELECTION NOTICE 6/6/2018, ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
Exhibit P3 TRUE COPY OF THE SELECTION NOTICE 15-16 NO.DB1/2016/8423 DATED. 21/6/2017, ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
Exhibit P4 TRUE COPY OF THE SELECTION NOTICE NO. NO.DBI 4293/2017 DATED /2/2019, ISSUED BY THE 4TH RESPONDENT, TO THE PETITIONER.
Exhibit P5 TRUE COPY OF THE SELECTION NOTICE NO.DB NO.2048/11292 DTD. 13/2/2019, ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
Exhibit P6 TRUE COPY OF THE SELECTION NOTICE NO.DB 2/4095/2018 DATED 13.2.2019, ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P7 TRUE COPY OF THE SELECTION NOTICE NO DB 10-11413/2018 DATED 19.2.2019, ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P8 TRUE COPY OF THE SELECTION NOTICE NO.D1-11052/2017 DTD. NIL, ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
Exhibit P9 TRUE COPY OF THE SELECTION NOTICE NO.DB 10-567/2018 DTD. 1/3/2019, ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
Exhibit P10 TRUE COPY OF THE REPRESENTATION DTD. 20/4/2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.