R.Divakaran vs. State Of Kerala
Held
The High Court directed the 5th respondent (Director of Health Service) to disburse the admissible amount due to the petitioner within a period of two months. The petitioner's specific claims for GST and 18% interest on the amount due were left open by the Court.
Facts
A PWD contractor completed emergency maintenance work for a government hospital and sought payment of his final bill, amounting to Rs.13,78,969/-, which included GST. The work was completed on October 1, 2019, but the final payment was not disbursed.
Key Issues
The key legal issues were the non-payment of the final bill to the contractor for completed work and the dispute regarding the inclusion of GST and interest in the payable amount.
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Heard together (2 matters)
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W.P(c).No.28882/2020-I 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942 WP(C).No.28882 OF 2020(I) PETITIONER: R.DIVAKARAN AGED 63 YEARS PWD CONTRACTOR, CHITHIRA, TC 14/1773, KANNAMOOLA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011. BY ADV. SHRI.AJITH KRISHNAN RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT BUILDINGS, PUBLIC OFFICE, THIRUVANANTHAPURAM-695033. 3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT BUILDINGS DIVISION, PMG JUNCTION, THIRUVANANTHAPURAM-695033. 4 THE ASSISTANT EXECUTIVE ENGINEER, PWD BUILDINGS SUB DIVISION, ATTAINGAL, THIRUVANANTHAPURAM-695501. 5 THE DIRECTOR OF HEALTH SERVICE, OFFICE OF THE DIRECTOR OF HEALTH SERVICE, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695001. 6 THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. GOVERNMENT PLEADER SMT.VINITHA BALAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2021, THE COURT ON THE SAME DAY DELIVERED TH
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