E.V. Raju vs. Kerala Water Authority

WP(C)/21035/2021HC KeralaGSTCNR KLHC01054116202105 October 2021Bench: HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS5 pages
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Held

The High Court noted KWA's failure to abide by its own circular and directed the KWA to consider and pass orders on the petitioner's representation (Ext.P4) within two months. It also stipulated a hearing if necessary within four weeks, followed by an order within the subsequent four weeks.

Facts

A contractor for the Kerala Water Authority (KWA) completed works and received bills, but was not reimbursed for GST, despite having paid it. KWA had issued a circular agreeing to reimburse GST to contractors. The petitioner's representation seeking this reimbursement remained undecided.

Key Issues

The key issue was whether the Kerala Water Authority was obligated to reimburse GST to its contractor as per its own circular. The Court also addressed whether the contractor was entitled to a timely decision on his representation seeking such reimbursement.

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Heard together (2 matters)

WP(C) NO. 21035 OF 2021
W.P.(C) No.21035 of 2020

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943 WP(C) NO. 21035 OF 2021 PETITIONER: E.V. RAJU AGED 67 YEARS S/O.A.V.VARGHESE, RESIDING AT EDAYANAL HOUSE, PAZHAMTHOTTAM.P.O, ALUVA, ERNAKULAM-683 565. BY ADV TESSY JOSE RESPONDENTS: 1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM.P.O, THIRUVANANTHAPURAM-695 033. 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE, KANNUR-670 012. 3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, W.S.DIVISION, KANNUR-670 012. 4 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033. SRI.P.BENJAMIN PAUL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 21035 OF 2021 2 BECHU KURIAN THOMAS, J =========================== W.P.(C) No.21035 of 2020 --------------------------------- Dated this the 5th day of October, 2021 JUDGMENT Petitioner is an A class Government Contractor, who had undertaken various w

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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.