Edwin Prasad vs. Kerala Water Authority

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WP(C)/7791/2020HC KeralaGSTCNR KLHC01020508202013 March 2020Bench: HONOURABLE MRS. JUSTICE ANU SIVARAMAN4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941 WP(C).No.7791 OF 2020(Y) PETITIONER: EDWIN PRASAD AGED 47 YEARS S/O. STANLY JOHN, KATTARA VADAKKUMKARA HOUSE, MARUKIL, OORUTHAMBALAM, THIRUVANANTHAPURAM DISTRICT, BY ADVS. SRI.ANIL GEORGE SRI.T.ANCY SRI.JOBY JACOB PULICKEKUDY SMT.N.B.FATHIMA SULFATH SHRI.DAJISH JOHN RESPONDENTS: 1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM-695033. 2 THE SUPERINTENDING ENGINEER, PH CIRCLE,KERALA WATER AUTHORITY, OBSERVATORY HILLS, THIRUVANANTHAPURAM-695033. 3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM-695033. R1-3 BY ADV. SMT.MARY BENJEMIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.7791 OF 2020(Y) 2 JUDGMENT The petitioner has approached this Court seeking the following prayer:- “Issue an order or direction in the nature of mandamus commanding the respondents to calculate the GST amounts due to the petitioner and to disburse the same.”

2.

Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Kerala Water Authority.

3.

It is submitted by the learned counsel for the petitioner that the petitioner has approached the 1st respondent preferring Ext.P3 representation seeking release of GST amounts in respect of works carried out by the petitioner.

4.

There will, accordingly, be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P3 representation preferred by the petitioner, after

WP(C).No.7791 OF 2020(Y) 3 hearing the petitioner also, 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 Bng/13.03.2020

WP(C).No.7791 OF 2020(Y) 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 THE PHOTOCOPY OF THE AGREEMENT DATED 16.03.2016 SIGNED BY PETITIONER AND THE 2ND RESPONDENT. EXHIBIT P2 THE PHOTOCOPY OF THE CIRCULAR NO. GST/002/17 DATED 10.08.2017 ISSUED BY 1ST RESPONDENT. EXHIBIT P3 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.02.2020.

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.