Eldhose K.G. vs. A.Kowsigan I.A.S.
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 17TH DAY OF AUGUST 2020 / 26TH SRAVANA, 1942 Con.Case(C).No.1861 OF 2019 IN WP(C). 16839/2019 AGAINST THE ORDER/JUDGMENT IN WP(C) 16839/2019(D) OF HIGH COURT OF KERALA PETITIONER/S: ELDHOSE K.G., AGED 52 YEARS S/O.GEEVARGHESE, KAKKATTIL HOUSE, NORTH MAZHUVANNUR, IRAPURAM P.O., PERUMBAVOOR, ERNAKULAM DISTRICT - 683
BY ADVS. SRI.ANIL GEORGE SRI.JOBY JACOB PULICKEKUDY RESPONDENT/S: 1 A.KOWSIGAN I.A.S., AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695001. 2 MEERA, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE, MUVATTUPUZHA -686 661. 3 BIJU, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, PIRAVOM - 686 664. 4 SHIJITH AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM - 695033. R1-4 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 17.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No.1861 OF 2019 IN WP(C). 16839/2019 2 JUDGMENT Dated this the 17th day of August 2020 This contempt case is filed by the petitioner complaining that the directives contained in the judgment dated 18.7.2019 is not complied with. The subject issue relates to a contract entered into by and between the petitioner and the Kerala Water Authority, by which in the agreement it was agreed that 7% of the GST paid by the petitioner will be released to the petitioner when the final bill is settled. The direction was issued to release the said 7% of the GST, as is agreed upon by and between the parties. The same was not paid. It was thereupon that this contempt petition is filed.
A detailed counter affidavit is filed by the respondent stating that even though in the agreement conditions the water authority has undertaken to repay 7% of the GST suffered by the petitioner,later Government has issued an order whereby the maximum adjustable GST is 5% evident from Annexure R4 (b) dated 27.1.2018. Therefore, according to the learned Counsel for the respondents, there is no wilful or deliberate attempt on the part of the respondents in not complying with the directions issued by this Court. Consequent to the Government order what they
Con.Case(C).No.1861 OF 2019 IN WP(C). 16839/2019 3 could release was only 5% of the GST and it was accordingly that the said 5% was released to the petitioner.
I have heard learned Counsel appearing for the petitioner Sri.Anil George and learned Counsel appearing for the respondent Sri. Benchamin Paul and perused the pleadings and documents on record.
The discussion of facts made above would make it clear that only 5% of the GST was repaid to the petitioner on account of the Government Order passed as is specified above.
In that view of the matter, it cannot be said that there was any wilful or deliberate attempt on the part of the respondents in not paying the entire 7%. In fact the Government Order is binding on the Kerala Water Authority and therefore, the water authority was duty bound to follow the Government Order, which cannot be termed as a violation of the courts direction. Any how, the right remaining with the petitioner on account of the agreement executed by and between the parties has to be left open in order to identify whether the petitioner is entitled to get the benefit of the term contained in the agreement, rather than Government Order Ext.R4 (b. Therefore, I do not find any reason to pursue this contempt case any further. Therefore, the contempt case is closed, however, leaving open the liberty of the petitioner
Con.Case(C).No.1861 OF 2019 IN WP(C). 16839/2019 4 to make respective claims in respect 2% of the GST detained by the Kerala Water Authority. SHAJI P.CHALY JUDGE Jm/
Con.Case(C).No.1861 OF 2019 IN WP(C). 16839/2019 5 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE PHOTOCOPY OF THE JUDGMENT DATED 18/07/2019 IN W.P (C) NO.16839/2019. ANNEXURE B TRUE PHOTOCOPY OF THE LETTER DATED 29/07/2019 ISSUED BY THE SUPERINTENDING ENGINEER TO THE EXECUTIVE ENGINEER.
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.