Paulose Abraham vs. Kerala Water Authority

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WP(C)/6184/2020HC KeralaGSTCNR KLHC01016364202018 March 2020Bench: HONOURABLE MRS. JUSTICE ANU SIVARAMAN3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNE AY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 WP(C).No.6184 OF 2020(W) PETITIONER: PAULOSE ABRAHAM AGED 48 YEARS S/O ABRAHAM,NJATTUMKALAYIL HOUSE, KADAYIRUPPU.P.O,KOLENCHERRY, ERNAKULAM DISTRICT,PIN-682311. BY ADVS. SRI.ANIL GEORGE SRI.JOBY JACOB PULICKEKUDY SRI.T.ANCY SMT.N.B.FATHIMA SULFATH SHRI.DAJISH JOHN RESPONDENT: 1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR,JALABHAVAN,THIRUVANANTHAURAM-695033. 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE, KOZHIKODE-673009. 3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, KOZHIKODE-673009 . R1 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.6184 OF 2020(W) 2 JUDGMENT Dated this the 18th day of March 2020 This writ petition is filed seeking the following prayer: Issue an order or direction in the nature of mandamus commanding the 3rd respondent to calculate the GST amounts due to the petitioner and to disburse the same. Having considered the contentions advanced, I am of the opinion that since Ext.P5 representation is being preferred before the 3rd respondent, the same is liable to the considered and disposed of in accordance with law. Accordingly, there will be a direction to the 3rd respondent to take up, consider and pass orders on Ext.P5 representation, within a period of one month from the date of receipt of a copy of this judgment. This writ petition is ordered accordingly. ANU SIVARAMAN JUDGE SVP

WP(C).No.6184 OF 2020(W) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE PHOTOCOPY OF THE AGREEMENT DATED 13.08.2013 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT EXHIBIT P2 THE PHOTOCOPY OF PERFORMANCE & EXPERIENCE CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 17.2.2018 EXHIBIT P3 THE PHOTOCOPY OF CIRCULAR NO.GST/002/17 DATED 10.08.2017 ISSUED TO THE 1ST RESPONDENT EXHIBIT P4 THE GST PAYMENT RECEIPT DATED 26.09.2018 FOR AN AMOUNT RS.24,57,384/- ISSUED BY THE GOODS AND SERVICE TAX AUTHORITY EXHIBIT P5 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 03.01.2019 GIVEN TO THE 3RD RESPONDENT.

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.