E.V.Raju vs. Kerala Water Authority
Held
The Court directed the Kerala Water Authority to consider and pass orders on the petitioner's representation (Ext.P3) within an outer period of two months. It clarified that if a hearing is required, it must be granted within four weeks, with orders passed within the subsequent four weeks.
Facts
The petitioner, an 'A' class Government Contractor, completed works for the Kerala Water Authority (KWA) but was not reimbursed for GST paid on the bill amount. KWA had issued a circular agreeing to reimburse GST to contractors upon production of payment receipts, but no decision was taken on the petitioner's representation seeking this benefit.
Key Issues
Whether the Kerala Water Authority was obligated to consider and decide on a contractor's claim for GST reimbursement based on its own circular, and whether its failure to do so warranted judicial intervention.
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 WEDNESDAY, THE 17TH DAY OF NOVEMBER 2021 / 26TH KARTHIKA, 1943 WP(C) NO. 22352 OF 2021 PETITIONER: E.V.RAJU AGED 67 YEARS S/O. A.V.VARGHESE, RESIDING AT EDAYANAL HOUSE, PAZHAMTHOTTAM P.O., ALUVA, ERNAKULAM-683565. BY ADV TESSY JOSE RESPONDENTS: 1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM P.O., THIRUVANANTHAPURAM-695033. 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE, KANNUR- 670012. 3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, W.S.DIVISION, KANNUR- 670012. 4 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033. BY ADV BIJILY JOSEPH SRI.P.BENJAMIN PAUL,SC,KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22352 OF 2021 2 BECHU KURIAN THOMAS, J ------------------------ W.P.(C)No. 22352 of 2021 -------------------------- Dated this the 17th day of November, 2021 JUDGMENT Petitioner is an 'A' class Government Contractor, who h
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