M.Habeeb Rahiman vs. The Directorate Of Telecommunications
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUE AY, THE 27TH DAY OF AUGUST 2019 / 5TH BHADRA, 1941 WP(C).No.21142 OF 2019(P) PETITIONER/S: M.HABEEB RAHIMAN, AGED 67 YEARS S/O.M.ABDUL RAHIMAN, MOODAMBAIL HOUSE, PERUMBALA P.O., VIA-KALLANAD, KASARAGODE, PIN- 671317. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT/S: 1 THE DIRECTORATE OF TELECOMMUNICATIONS, REPRESENTED BY ITS CHAIRMAN, SANCHAR BHAVAN, NEW DELHI-110001. 2 THE ASSISTANT GENERAL MANAGER (C.P.), OFFICE OF GENERAL MANAGER TELECOM, BHARAT SANCHAR NIGAM LIMITED (BSNL), SOUTH BAZAR, KANNUR- 670002. 3 THE DIVISIONAL ENGINEER, TRANSMISSION PROJECTS, BHARAT SANCHAR NIGAM LIMITED (BSNL), KOZHIKODE- 673001. R1-3 BY SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21142 OF 2019(P) 2 JUDGMENT Petitioner is a Contractor engaged by the BSNL. According to the petitioner, the work was completed and bills were raised, however, amounts were not released. Thereupon, petitioner has submitted Exts.P2 and P2 (a) and Ext.P4 & P4 (a) representations before the 2nd and 3rd respondents respectively, seeks direction for finalisation of the representations and to effect payment due to the petitioner.
I have heard learned Counsel for the petitioner and learned Standing Counsel appearing for the respondents and perused the pleadings and documents on record. There will be a direction to respondents 2 and 3 to dispose of Exts.P2 and P2 (a) and Exts.P4 and P4 (a), at the earliest and at any rate within a month from the date of receipt of a copy of this judgment, after providing notice of hearing to the petitioner and if it is found that amounts are due to the petitioner, 50% of the same shall be released within a period of one month and the balance 50% within one month thereafter. The writ petition is disposed of accordingly. SHAJI P.CHALY Jm/ JUDGE
WP(C).No.21142 OF 2019(P) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE INVOICE NO.41/GSTIN/2017- 18 DATED 30.11.2018. EXHIBIT P1 AOF THE INVOICE NO.01/GSTIN/2019- 20 DATED 17.05.2019. EXHIBIT P2OF THE REPRESENTATION DATED 09.05.2019 TO THE 2ND RESPONDENT. EXHIBIT P2 AOF THE REPRESENTATION DATED 09.05.2019 TO THE 2ND RESPONDENT. EXHIBIT P3OF THE VOUCHER NO.28/GSTIN/2018- 19 DATED 11.06.2018. EXHIBIT P3 AOF THE VOUCHER NO.03/GSTIN/2019- 20 DATED 01.06.2019. EXHIBIT P4OF THE REPRESENTATION DATED 18.02.2019 TO THE 3RD RESPONDENT. EXHIBIT P4 AOF THE REPRESENTATION DATED 26.04.2019 TO THE 3RD RESPONDENT. EXHIBIT P5OF THE DETAILS OF THE TDS (FROM 26 A.S.) EXHIBIT P6OF THE DOCUMENT SHOWING THE PENDING GST AMOUNT.
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.