Farooque Constructions vs. State Of Kerala - Kerala High Court, 16 July 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943 WP(C) NO. 14258 OF 2021 PETITIONER/S: FAROOQUE CONSTRUCTIONS, 21/BSC 2009-10 FATHIMA MANZIL, PH WARD, ALAPPUZHA 688 001, REPRESENTED BY ITS MANAGING PARTNER SAJEELA BAIJU BY ADVS. P.BINNY JOSEPH BASIL MATHEW RESPONDENT/S: 1 STATE OF KERALA, REP.BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, ROOM NO.,388, 1ST FLOOR MAIN BLOCK, SECRETARIAT, THIRUVNANTHAPURAM 695001 2 PUBLIC WORKS DEPARTMENT, REP.BY ITS CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, LMS VELLAYAMBALAM RD, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM, KERALA 695033 3 SUPERINTENDENT ENGINEER, PWD ROADS & BRIDGES, NORTH CIRCLE, PWD COMPLEX, MANCHIRA, KOZHIKODE 673647 4 ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, PWD ROAD, SUB DIVISION, MANANTHAVADY 670645 OTHER PRESENT: SRI.RON BASTIAN, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 14258 OF 2021 -2- A.M.BADAR, J. - - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - WP(C) NO. 14258 OF 2021 - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of July, 2021 JUDGMENT Heard the learned counsel for the petitioner. He submits that the petitioner has submitted a representation Ext.P3 before the 3rd respondent claiming for refund of GST paid by him. The learned counsel for the petitioner submits that the purpose of this petition would be served if the representation Ext.P3 is directed to be decided by the 3rd respondent.

The learned Government Pleader takes notice for the respondents and submits that if the petition is with a limited prayer of deciding representation and if the same representation has not yet been decided, then the concerned respondent shall decide the same expeditiously.

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In that view of the matter, this Petition is allowed by directing the 3rd respondent to decide the representation Ext.P3, if not already decided, within a time limit of one month from today. Needless to mention that the 3rd respondent shall give audience and hearing to the petitioner before deciding Ext.P3. Parties to act on authenticated copy of the judgment. The learned Government Pleader to inform the judgment to the concerned respondent for compliance. A.M.BADAR, JUDGE. dl/

WP(C) NO. 14258 OF 2021 -4- APPENDIX PETITIONER EXHIBITS EXHIBIT P1OF THE REPRESENTATION DATED 5.5.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT REQUESTING DISBURSEMENT OF THE 5% GST WITH ENGLISH TRANSLATION EXHIBIT P1(a)OF THE ENGLISH TRANSLATION EXT.P1 EXHIBIT P2OF THE REMINDER ISSUED BY THE PETITIONER ON 1.1.2021 WITH ENGLISH TRANSLATION EXHIBIT P2(a)OF THE ENGLISH TRANSLATION EXT.P2 EXHIBIT P3OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 22.3.2021 WITH ENGLISH TRANSLATION EXHIBIT P3(a)OF THE ENGLISH TRANSLATION EXT.P3.