Pradeep S. vs. Kerala State Coastal Area Development Corporation LTD.

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WP(C)/1873/2022HC KeralaGSTCNR KLHC01004310202220 January 2022Bench: HONOURABLE MR. JUSTICE SHAJI P.CHALY4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THUR AY, THE 20TH DAY OF JANUARY 2022 / 30TH POUSHA, 1943 WP(C) NO. 1873 OF 2022 PETITIONER: PRADEEP S. AGED 55 YEARS, S/O SUKUMARAN, RESIDING AT JYOTHIS, 443/A, MUTTOM PO, HARIPPAD, ALAPPUZHA, PIN - 690 511. BY ADVS. P.G.JAYASHANKAR P.K.RESHMA (KALARICKAL) REVATHY P. MANOHARAN S.RAJEEV (K/001711/2019) SAJANA V.H RESPONDENTS: 1 KERALA STATE COASTAL AREA DEVELOPMENT CORPORATION LTD., CHALACHITHRA KALABHAVAN BUILDING, 1ST FLOOR, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695014 2 MANAGING DIRECTOR, KERALA STATE COSTAL AREA DEVELOPMENT CORPORATION LTD., CHALACHITHRA KALABHAVAN BUILDING, 1ST FLOOR, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014. 3 CHIEF ENGINEER, KERALA STATE COSTAL AREA DEVELOPMENT CORPORATION LTD., CHALACHITHRA KALABHAVAN BUILDING, 1ST FLOOR, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C).1873/2022 2 J U D G M E N T Dated this the 20th day of January, 2022 Petitioner is an A-Class contractor undertaking various contracts for and on behalf of Government agencies. As per Exhibit P1 agreement, according to the petitioner, the first respondent-Kerala State Coastal Area Development Corporation has permitted to deduct tax in respect of the liability, however, there is no specific mention regarding the liability of GST.

2.

Petitioner, in order to sort out the issue, has submitted Exhibit P2 series representation before the Managing Director of the Corporation and Chief Engineer of the Corporation, which is dated 3.12.2021. The sole relief sought for is consideration of Exhibit P2 series, within a time frame.

3.

Having heard learned counsel for the petitioner and finding that the relief sought for is innocuous in nature, notice to the respondents is dispensed with. Consequentially there will be a direction to the first respondent to dispose of Exhibit P2 series, in accordance with law, at the earliest, and at any rate within one month from the date of receipt of a copy of this judgment, after providing a notice of participation to the petitioner.

W.P(C).1873/2022 3 Petitioner is directed to produce a copy of the writ petition and the appended documents, before the first respondent. Shaji P. Chaly,

Judge sou.

W.P(C).1873/2022 4 APPENDIX OF WP(C) 1873/2022 PETITIONER EXHIBITS EXHIBIT P1 AOF THE TERMS OF THE TENDER IN RESPECT OF PHASE V EXHIBIT P2 AOF REPRESENTATION DATED 03.12.2021 ALONG WITH THE POSTAL RECEIPT EVIDENCING THE DESPATCH OF THE SAME IN RELATION TO THE CONSTRUCTION OF SAFE

DWELLING

TO LANDLESS FISHERMEN, PHASE II EXHIBIT P2(A) AOF REPRESENTATION DATED 03.12.2021 ALONG WITH THE POSTAL RECEIPT EVIDENCING THE DESPATCH OF THE SAME IN RELATION TO THE CONSTRUCTION OF SAFE

DWELLING

TO LANDLESS FISHERMEN, PHASE III EXHIBIT P2(B) AOF REPRESENTATION DATED 03.12.2021 ALONG WITH THE POSTAL RECEIPT EVIDENCING THE DESPATCH OF THE SAME IN RELATION TO THE CONSTRUCTION OF SAFE

DWELLING

TO LANDLESS FISHERMEN, PHASE IV EXHIBIT P2(C) AOF REPRESENTATION DATED 03.12.2021 ALONG WITH THE POSTAL RECEIPT EVIDENCING THE DESPATCH OF THE SAME IN RELATION TO THE CONSTRUCTION OF SAFE

DWELLING

TO LANDLESS FISHERMEN, PHASE V

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.