Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 4TH DAY OF AUGUST 2022 / 13TH SRAVANA, 1944 WP(C) NO. 20600 OF 2021 PETITIONER/S:
ABDUL VAHAB AGED 71 YEARS PWD CONTRACTOR, T.C 4/635, FATHIMAM, SREEVILAS LANE, KOWDIAR P.O, THIRUVANANTHAPURAM 695 003.
BY ADV AJITH KRISHNAN RESPONDENT/S:
1 THIRUVANANTHAPURAM CORPORATION REPRESENTED BY ITS SECRETARY, PALAYAM P.O, THIRUVANANTHAPURAM 695 033 2 THE CORPORATION ENGINEER THIRUVANANTHAPURAM CORPORATION, PALAYAM, THIRUVANANTHAPURAM 695 033 3 THE SUPERINTENDING ENGINEER, OFFICE OF THE THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM 695 033 4 THE EXECUTIVE ENGINEER THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM 695 033 BY ADVS.
N.NANDAKUMARA MENON (SR.)
SHRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.20600 of 2021 -2- JUDGMENT Dated this the 04th day of August, 2022 The only dispute herein is whether the petitioner is entitled for refund of the GST component along with the final bill.
2.
Learned Counsel for the petitioner asserted that, going by the terms of the agreement, the petitioner is entitled for refund of GST.
3.
Learned Standing Counsel for the Corporation on the other hand disputed petitioner's entitlement for refund of GST and contended that the bill can be considered only if the claim is confined to Rs.12,72,909/-.
Having heard the learned Counsel for the petitioner and the learned Standing Counsel, the writ petition is disposed of, directing the respondents to pay the amount of Rs.12,72,909/- to the petitioner and reserving the petitioner's
W.P.(C) No.20600 of 2021 -3- liberty to agitate his claim towards the GST component at a later stage.
The petitioner shall produce the final bill for the amount of Rs.12,72,909/- before the first respondent Corporation. On receipt of the bill, the same shall be processed and the amount due to the petitioner paid within one month. The claim regarding GST component can be raised by the petitioner before the appropriate forum.
Sd/- V.G.ARUN JUDGE Scl/
W.P.(C) No.20600 of 2021 -4- APPENDIX OF WP(C) 20600/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SELECTION NOTICE NO.
E5/S2213/2018 DATED 23-06-2018 ISSUED TO THE PETITIONER BY 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE DETAILED ESTIMATE ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE TECHNICAL SANCTION ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE LETTER NO. E5/PROJ.
NO. 2210/2018 DATED 18-06-2018 ISSUED BY THE 1ST RESPONDENT TO ASSISTANT EXECUTIVE ENGINEER PWD Exhibit P5 TRUE COPY OF THE PERMISSION LETTER ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER TO THE 4TH RESPONDENT FATED 2-12-2019 Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE REVISED ESTIMATE SANCTIONED BY THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE RELEVANT PAGE RUNNING ACCOUNT BILL SUBMITTED BY THE PETITIONER FOR THE 1ST PART BILL Exhibit P8 TRUE COPY OF THE PROCEEDINGS DATED 19- 03-2020 ISSUED BY THE CHAIRPERSON PUBLIC WORKS STANDING COMMITTEE Exhibit P9 TRUE COPY OF THE PROCEEDINGS OF COUNCIL OF THE CORPORATION NO. 3(E) 38 DATED 19-03-2020 Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 5-08-2021 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT.