E.M.Paulose vs. Kerala Water Authority
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNE AY, THE 24TH DAY OF JULY 2019 / 2ND SRAVANA, 1941 WP(C).No.17425 of 2019 PETITIONER/S: E.M.PAULOSE, AGED 54 YEARS, S/O MATHAI, EDAPPARAYIL HOSUE, KADAYIRUPPU P.O., KOLENCHERRY, ERNAKULAM DISTRICT. BY ADVS. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE RESPONDENT/S: 1 KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM-695 033. 2 THE SUPERINTENDING ENGINEER, PH CIRCLE, KERALA WATER AUTHORITY, THIRUVALLA, PATHANAMTHITTA-689 101. 3 THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, ADOOR-689 694. 4 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM-695 033. R1 TO R4 BY ADV. SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.17425 of 2019 2 JUDGMENT Petitioner is a contractor engaged by the Kerala Water Authority. Work was completed in terms of the agreement executed by and between the parties and the security deposit as well as bill amounts were released. However, in terms of the agreement, a portion of the GST amount is to be paid by the Water Authority, which is not done. It is thus seeking appropriate directions, this writ petition is filed.
Having heard learned counsel for the petitioner and learned Standing Counsel for the Water Authority and realizing that there is no much dispute with the issue raised by the petitioner, there will be a direction to the 2nd respondent to consider the request of the petitioner for releasing the GST amount as is agreed upon in the agreement, on the petitioner producing the original documents in respect of the payment of the GST, at the earliest and at any rate, within one month from the date of production of the original receipts.
WP(C).No.17425 of 2019 3 The writ petition is disposed of, accordingly. SHAJI P.CHALY JUDGE uu 24.07.2019
WP(C).No.17425 of 2019 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE PHOTOCOY OF AGREEMENT DATED 3.10.2017 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT. EXHIBIT P2 THE PHOTOCOPY OF CIRCULAR NO.GST/002/17 DATED 10.8.2017 ISSUED BY THE IST RESPONDENT. EXHIBIT P3 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 30.4.2018 GIVEN TO THE 2ND 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.