Farooque Constructions v. Public Works Department
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THUR AY, THE 31ST DAY OF MARCH 2022 / 10TH CHAITHRA, 1944 WP(C) NO. 14219 OF 2021 PETITIONER: FAROOQUE CONSTRUCTIONS 21/BSC 2009-10, FATHIMA MANZIL, P.H.WARD, ALAPPUZHA - 688 001, REPRESENTED BY IT MANAGING PARTNER SAJEELA BAIJU. BY ADV P.BINNY JOSEPH RESPONDENTS: 1 PUBLIC WORKS DEPARTMENT LMS VELLAYAMBALAM ROAD, MUSEUM P.O., THIRUVANANTHAPURAM - 695 033, REP. BY ITS CHIEF ENGINEER. 2 THE EXECUTIVE ENGINEER PWD ROADS DIVISION, OFFICE OF THE EXECUTIVE ENGINEER, MUKHAMU PURAYIDOM - ZAKARIYA BAZAR, PALACE RD., ZACKARIA BAZAR, ALAPPUZHA, KERALA - 688 012. 3 PROJECT MANAGEMENT UNIT KERALA ROAD FUND BOARD, SREEBALA BUILDING, TC 11/339, 5TH FLOOR, KESTON ROAD, NANTHANCODE, KOWDIAR P.O., TRIVANDRUM - 695 003, REP. BY ITS PROJECT DIRECTOR. 4 CHIEF EXECUTIVE OFFICER KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB), FACILITY SQUARE, 2ND MAHATMA GANDHI ROAD, STATUE, TRIVANDRUM - 695 001. SRI. K.V.MANOJKUMAR (SC) R3 SRI. APPU P.S. - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.14219 OF 2021 2 JUDGMENT Dated this the 31st day of March, 2022 The petitioner, who is a Government Contractor, has filed this writ petition seeking to refund and release the GST amount and also to disburse the amount for the completed work as per revised estimate. The petitioner also seeks to compell the 3rd and 4th respondents to take a decision on Ext.P1 within a time frame.
The petitioner states that he is a Government Contractor and has undertaken the work of improvement of Kalavoor Kattur Beach Road in Alappuzha. Due to the omission on the part of the respondents to consider the revised estimate, the execution of work was delayed. The petitioner therefore requested the respondents to relieve the petitioner from completing the balance work and also to disburse the amount due to the petitioner for the completed
WP(C) NO.14219 OF 2021 3 work along with GST. As the request of the petitioner remains unyielded, the petitioner is before this Court.
The learned Standing Counsel for the 3rd respondent entered appearance and contested the writ petition. The Standing Counsel controverted all the material contentions raised by the petitioner in the writ petition. However, the Standing Counsel submitted that since Ext.P1 representation of the petitioner is pending before the 3rd respondent, the same can be considered in accordance with law. In view of the above, the writ petition is disposed of directing the 3rd respondent to consider Ext.P1 representation submitted by the petitioner, and take a decision thereon, within a period of four weeks. N.NAGARESH JUDGE hmh
WP(C) NO.14219 OF 2021 4 APPENDIX OF WP(C) 14219/2021 PETITIONER EXHIBITS Exhibit P1 THEOF THE REPRESENTATION DATED 01/04/2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit PA1 ENGLISH TRANSLATION OF EXHIBIT P1. RESPONDENT’S EXHIBITS NIL
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.