Varghese Scaria vs. State Of Kerala
Held
The Court directed the 2nd respondent (Executive Engineer, PWD) to consider and pass appropriate orders on the petitioner's pending representations (Exts.P4 and P5) within three months, after affording an opportunity of hearing. If found eligible, the amounts are to be disbursed without further delay.
Facts
A contractor alleged that the Public Works Department failed to disburse the GST component for contract works carried out after July 1, 2017, despite the petitioner having remitted the GST. His representations seeking the disbursement of these amounts remained pending before the authorities.
Key Issues
Whether the Public Works Department was obligated to disburse the GST component to the contractor and whether the authorities' inaction on the contractor's representations seeking such disbursement was justified.
AI-generated summary — verify with the full judgment below
WP(C) NO. 2549 OF 2022 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943 WP(C) NO. 2549 OF 2022 PETITIONER/S: VARGHESE SCARIA AGED 30 YEARS S/O.LATE P.T.SCARIA, CONTRACTOR, PAZHUKKANIYIL HOUSE, PUTHUPPARIYARAM P.O., THODUPUZHA - VIA, IDUKKI DISTRICT. BY ADVS. BABU JOSEPH KURUVATHAZHA K.S.ARCHANA M.G.SREEJITH MOHAMMED SHAFI.K RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, ROADS DIVISION, PAINAVU, IDUKKI, PIN - 685 603. 3 COMMERCIAL TAX OFFICER (GST) KATTAPPANA, KATTAPPANA P.O., IDUKKI DISTRICT, PIN - 685
SR.GP.DR.THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2549 OF 2022 2 BECHU KURIAN THOMAS, J. ======================== W.P.(C) No.2549 of 2022 ------------------------------------------------ Dated this the 25th day of January, 2022 JUDGMENT Petitioner alleges to have carried out various contract works on behalf o
The judgment continues below.
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