Zubair V vs. State Of Kerala
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUE AY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943 WP(C) NO. 1918 OF 2021 PETITIONER: ZUBAIR V., AGED 49 YEARS, S/O ABDULLA, CHERUPARAMBIL HOUSE, KODUR, P O, MANGATTUPULAM, MALAPPURAM-676504. BY ADVS. SRI.GEORGE MATHEW SHRI.PRAVEEN S. SRI.M.D.SASIKUMARAN SRI.SUNIL KUMAR A.G SMT.ELSA DENNY PINDIS SRI.DIPU JAMES SRI.MATHEW K.T. SRI.K.V.GEORGE RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 KERALA WATER AUTHORITY HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS MANAGING DIRECTOR. 3 SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, P.H.CIRCLE, MALAPPURAM,
W.P.(C) No.1918/21 -:2:- KOZHIKODE DISTRICT-673009. 4 EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PROJECT DIVISION, MALAPPURAM, KOZHIKODE DISTRICT-673009. 5 THE FINANCE MANAGER KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033. BY ADV.SRI.JUSTIN JACOB, SR. GOVT. PLEADER ADV SRI.P.BENJAMIN PAUL, SC FOR R2-R5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.1918/21 -:3:- BECHU KURIAN THOMAS, J. ----------------------------------------- W.P.(C) No.1918 of 2021 ---------------------------------------- Dated this the 5th day of October, 2021 JUDGMENT Petitioner is an A class PWD Contractor, who had undertaken various works of the Kerala Water Authority. He had successfully completed the works within the stipulated time and have even received the bills without any dispute.
However, tax due as GST for the bill amount was not reimbursed to the petitioner though he claims to have already paid the said tax. In the meantime, the Kerala Water Authority issued Ext.P2 circular agreeing to reimburse the GST applicable for the works carried out by the contractors on production of payment receipt of GST towards the goods and services on the respective items executed under the contract.
Petitioner, filed Ext.P12 representation before the fifth respondent claiming the benefit of Ext.P2 circular and according to the petitioner, no decision has been taken on Ext.P12. 4. I have heard Adv.George Mathew, the learned counsel for
W.P.(C) No.1918/21 -:4:- the petitioner, Adv.Justin Jacob, learned Senior Government Pleader for the first respondent as well as Adv.Benjamin Paul, the learned Standing Counsel for respondents 2 to 5. 5. This Court has been noticing several writ petitions seeking the benefit of the circular issued by the Kerala Water Authority themselves agreeing to absorb and pay the GST incurred by the contractors. In spite of the said circular, it is a matter of concern that the Kerala Water Authority is not adhering to the said decision taken by them. This is yet another such instance, which reflects the failure of the Kerala Water Authority to abide by their own decision.
Having regard to the circumstances of the case and the submissions made by Adv.George Mathew, I am of the view that, this writ petition can be disposed of, directing the fifth respondent to consider and pass orders upon Ext.P12, as expeditiously as possible, at any rate, within an outer period of two months from the date of receipt of a copy of this judgment.
It is clarified that, if a hearing is required to be conducted, petitioner shall be granted an opportunity of hearing, within a period of four weeks from the date of receipt of a copy of this judgment and the orders thereon shall be passed within the next four weeks, so
W.P.(C) No.1918/21 -:5:- that the above time limit of two months shall be strictly complied with. The writ petition is allowed as above. BECHU KURIAN THOMAS JUDGE vps
W.P.(C) No.1918/21 -:6:- APPENDIX OF WP(C) 1918/2021 PETITIONER'S/S' EXHIBITS EXHIBIT P1OF RELEVANT PAGES OF NIT ALONG WITH INSTRUCTIONS AND SPECIAL CONDITIONS DATED 02.12.2016 IN E-TENDER NO. 08/2016-2017. EXHIBIT P2OF
CIRCULAR NO.0023/2011/DY.AM/FIN.KWA
DATED 10.08.2017 ISSUED BY 1ST RESPONDENT. EXHIBIT P3OF VOUCHER IN FORM CB-3 DATED 30.05.2019 OF CC 1ST AND PART BILL. EXHIBIT P4OF VOUCHER IN FORM CB-3 DATED 02.08.2019 OF CC 2ND AND PART BILL. EXHIBIT P5OF VOUCHER IN FORM CB-3 DATED 03.08.2019 OF CC 3RD AND PART BILL. EXHIBIT P6OF VOUCHER IN FROM CB-3 DATED 04.11.2019 OF CC 4TH AND PART BILL. EXHIBIT P7OF VOUCHER IN FROM CB-3 DATED NIL09.2020 OF CC 5TH AND FINAL BILL EXHIBIT P8OF GST SUMMARY FOR THE MONTH OF MAY 2019. EXHIBIT P9OF GST SUMMARY FOR THE MONTH OF JULY 2019. EXHIBIT P10OF GST SUMMARY FOR THE MONTH OF NOVEMBER 2019. EXHIBIT P11OF GST SUMMARY FOR THE MONTH OF OCTOBER 2020. EXHIBIT P12OF LETTER AND STATEMENT DATED 07.11.2020 SUBMITTED BY PETITIONER TO 4TH RESPONDENT
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.