K.Subramanian vs. Union Of INDIA

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR WEDNE AY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942 WP(C).No.4485 OF 2021(I) PETITIONER: K.SUBRAMANIAN AGED 63 YEARS S/O. KUTTAN PANICKER, MYTHRI, MAYLAKKADU P.O, KOLLAM DISTRICT-691 571 BY ADVS. SRI.R.RAJESH (VARKALA) SRI.M.KIRANLAL SRI.T.S.SARATH SRI.MANU RAMACHANDRAN SHRI.SAMEER M NAIR RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF RAILWAY, RAIL BHAVAN, NEW DELHI-110 001 2 THE GENERAL MANAGER, SOUTHERN RAILWAY, OFFICE OF THE GENERAL MANAGER, PARK TOWN , CHENNAI-600 003 3 THE DIVISIONAL MANAGER, TRIVANDRUM DIVISION, SOUTHERN RAILWAY, TRIVANDRUM-695 014 4 DEPUTY CHIEF ENGINEER II, CONSTRUCTION, SOUTHERN RAILWAY ERNAKULAM JUNCTION, PIN-682 016 BY SRI.S.PRASHANTH, SC, RAILWAYS OTHER PRESENT: BY SRI. P.VIJAYAKUMAR, ASGI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.4485/2021 2 JUDGMENT Dated this the 3rd day of March 2021 Heard the learned counsel for the petitioner. He argued that the petitioner is an A class contractor engaged in contract work relating to Government and private projects. According to the learned counsel for the petitioner, the petitioner has completed several works for respondents and on completion of those works, it was found that the petitioner is entitled for reimbursement of the GST paid by him. However, same is not paid to the petitioner and that is how the petitioner has submitted the representation, Ext.P3, for consideration of the 4th respondent. According to the learned counsel, the 4th respondent needs to be directed to decide the representation at Ext.P3 in a time bound manner.

W.P.(C) No.4485/2021 3 wants to avail an opportunity of hearing before the 4th respondent, the petitioner is permitted to avail the same by approaching the 4th respondent. The petitioner to communicate a copy of this judgment to the 4th respondent for compliance. A.M.BADAR JUDGE smp

W.P.(C) No.4485/2021 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE CONTRACT CERTIFICATE ISSUED BY THE RESPONDENTS TO THE PETITIONER DATED 09.01.2018. EXHIBIT P1(a)OF THE CONTRACT CERTIFICATE ISSUED BY THE RESPONDENTS TO THE PETITIONER DATED 26.03.2018. EXHIBIT P1(b)OF THE CONTRACT CERTIFICATE ISSUED BY THE RESPONDENTS TO THE PETITIONER DATED 04.09.2018. EXHIBIT P1(c)OF THE CONTRACT CERTIFICATE ISSUED BY THE RESPONDENTS TO THE PETITIONER DATED 22.03.2019 EXHIBIT P1(d)OF THE CONTRACT CERTIFICATE ISSUED BY THE RESPONDENTS TO THE PETITIONER DATED 15.01.2020. EXHIBIT P2OF PAYMENT RECEIPT ISSUED BY DEPARTMENT OF GOODS AND SERVICE TAX BEARING CPIN NO. 19033200225702. EXHIBIT P2(a)OF PAYMENT RECEIPT ISSUED BY DEPARTMENT OF GOODS AND SERVICE TAX BEARING CPIN NO. 19113200290526. EXHIBIT P2(b)OF PAYMENT RECEIPT ISSUED BY DEPARTMENT OF GOODS AND SERVICE TAX BEARING CPIN NO. 19033200225303. EXHIBIT P2(c)OF PAYMENT RECEIPT ISSUED BY DEPARTMENT OF GOODS AND SERVICE TAX BEARING CPIN NO. 19113200295492. EXHIBIT P2(d)OF PAYMENT RECEIPT ISSUED BY DEPARTMENT OF GOODS AND SERVICE TAX BEARING NO. CPIN NO. 19113200295396. EXHIBIT P2(e)OF PAYMENT RECEIPT ISSUED BY DEPARTMENT OF GOODS AND SERVICE TAX BEARING CPIN NO. 19113200295126. EXHIBIT P2(f)OF PAYMENT RECEIPT ISSUED BY

W.P.(C) No.4485/2021 5 DEPARTMENT OF GOODS AND SERVICE TAX BEARING CPIN NO. 19113200294934. EXHIBIT P2(g)OF PAYMENT RECEIPT ISSUED BY DEPARTMENT OF GOODS AND SERVICE TAX BEARING CPIN NO. 19113200294747 EXHIBIT P2(h)OF PAYMENT RECEIPT ISSUED BY DEPARTMENT OF GOODS AND SERVICE TAX BEARING CPIN NO. 19113200293050. EXHIBIT P2(i)OF PAYMENT RECEIPT ISSUED BY DEPARTMENT OF GOODS AND SERVICE TAX BEARING CPIN NO. 19113200292988. EXHIBIT P3 AOF PETITIONER'S REPRESENTATION TO 4TH RESPONDENT DATED 19.01.2021. EXHIBIT P4 AOF THE TRACK RECORD FROM POSTAL DEPARTMENT OF THE PETITIONER'S REPRESENTATION MADE TO RESPONDENT. RESPONDENT'S EXHIBITS: NIL.P.S to Judge smp