Gopakumar S. vs. Kerala Water Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNE AY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943 WP(C) NO. 29756 OF 2021 PETITIONER : GOPAKUMAR S., AGED 50 YEARS, S/O.P.SHANKARANARAYANA PILLAI, SAI KRISHNA, PLAVODU, KODUNGANOOR P.O., VATTIYURKAVU, THIRUVANANTHAPURAM - 695 021. BY ADVS. ANIL GEORGE JOBY JACOB PULICKEKUDY DAJISH JOHN HARIKRISHNAN P. RESPONDENTS : 1 KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM - 695 033. 2 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, OFFICE OF THE EXECUTIVE ENGINEER, HEAD WORKS DIVISION, ARUVIKKARA - 695 564. BY ADV SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 29756 OF 2021 2 BECHU KURIAN THOMAS, J. =-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No.29756 of 2021 =-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of February, 2022

JUDGMENT Petitioner is a registered contractor who had carried out various works for the Kerala Water Authority. The claim of the petitioner is based upon Circular No.GST/2/2017 dated 10.08.2017 wherein the Kerala Water Authority had agreed to absorb the GST liability of the contractors. Based upon the aforesaid Circular, petitioner submitted a representation dated 10.03.2021, a copy of which is produced as Ext.P4. 2. Having regard to the circumstances of the case and after having heard Sri.Joby Jacob, the learned counsel for the petitioner as well as the learned Standing Counsel Sri.Benjamin Paul, I am of the view that this writ petition can be disposed of directing an expeditious consideration of Ext.P4. 3. Accordingly, there will be a direction to the first respondent to consider and pass appropriate orders on Ext.P4 representation, as expeditiously as possible, at any rate, within a

WP(C) NO. 29756 OF 2021 3 period of three months from the date of receipt of a copy of this judgment, after granting an opportunity of hearing to the petitioner. The writ petition is disposed of as above. BECHU KURIAN THOMAS, JUDGE RKM

WP(C) NO. 29756 OF 2021 4 APPENDIX OF WP(C) 29756/2021 PETITIONER'S EXHIBITS : Exhibit P1 TRUE PHOTOCOPY OF THE AGREEMENT DATED 27/07/2018 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT. Exhibit P2 TRUE PHOTOCOPY OF THE LETTER DATED 29/01/2020 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT. Exhibit P3 TRUE PHOTOCOPY OF THE CIRCULAR NO.GST/002/17 DATED 10/08/2017 ISSUED BY THE 1ST RESPONDENT. Exhibit P4 TRUE PHOTOCOPY OF THE LETTER DATED 10/03/2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.