Aleyamma Scaria vs. State Of Kerala
Held
The High Court directed the competent respondent (either the 2nd or 3rd respondent) to consider and pass appropriate orders on the petitioner's representation (Ext.P7) within three months. If found eligible, the claimed amounts are to be disbursed without further delay.
Facts
An 'A' class contractor, who executed works for the District Panchayat, sought reimbursement of GST paid on those works, claiming an assurance from the respondents. Her representation for reimbursement, supported by a Chartered Accountant's certificate, remained unaddressed by the authorities.
Key Issues
Whether the petitioner, an 'A' class contractor, was entitled to reimbursement of GST paid on works executed, and whether the authorities were obligated to decide on her representation claiming such reimbursement.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 10TH DAY OF JANUARY 2022 / 20TH POUSHA, 1943 WP(C) NO. 25651 OF 2021 PETITIONER : ALEYAMMA SCARIA, AGED 60 YEARS, W/O LATE SCARIA, CONTRACTOR, ELIKULATHU PUTHANPURAYIL HOUSE, PUTHUPARIYARAM P.O, THODUPUZHA VIA, IDUKKI DISTRICT. BY ADVS. BABU JOSEPH KURUVATHAZHA K.S.ARCHANA RESPONDENTS : 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 IDUKKI DISTRICT PANCHAYAT, CIVIL STATION, KUYILIMALA P.O, PAINAVU, IDUKKI, PIN-685603, REPRESENTED BY ITS SECRETARY. 3 EXECUTIVE ENGINEER, LSGD DIVISION, IDUKKI DISTRICT PANCHAYAT, CIVIL STATION, KUYILIMALA P.O, PAINAVU, IDUKKI, PIN-685603. 4 COMMERCIAL TAX OFFICER (GST), KATTAPPANA, KATTAPPANA P.O, IDUKKI DISTRICT, PIN-685508. BY SENIOR GOVT.PLEADER DR.THUSHARA JAMES BY ADV JOICE GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2022, THE COURT ON THE
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