Farooque Constructions vs. State Of Kerala
Held
The High Court allowed the petition, directing the 3rd respondent (Superintendent Engineer) to decide the petitioner's representation (Ext.P3) within one month, if not already decided. The Court also mandated that the petitioner be given an audience and hearing before the decision is made.
Facts
Farooque Constructions filed a writ petition seeking a direction for the Superintendent Engineer, PWD, to decide its representation (Ext.P3) claiming a refund of GST paid. The petitioner contended that the representation had not been decided by the respondent authority.
Key Issues
The key legal issue was the non-disposal of the petitioner's representation seeking a refund of GST by the respondent authority. The petition sought a judicial direction to compel the authority to decide the representation expeditiously.
AI-generated summary — verify with the full judgment below
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. - - - - - - - - - - - - - -
The judgment continues below.
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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.