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 THUR AY, THE 18TH DAY OF JULY 2019 / 27TH ASHADHA, 1941 WP(C).No.17792 of 2019 PETITIONER/S: E.M.PAULOSE, AGED 54 YEARS, S/O.MATHAI, EDAPPARAYIL HOUSE, 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-695022. 2 THE SUPERINTENDING ENGINEER, PH CIRCLE, KERALA WATER AUTHORITY, THIRUVALLA, PATHANAMTHITTA-689101. 3 THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, ADOOR-689694. 4 THE FINANCE MANAGER, AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHPAURAM-695033. R1 TO R4 BY SRI.BENJAMIN PAUL SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.17792 of 2019 2 JUDGMENT
Petitioner is a registered A Class Government Contractor engaged by the Kerala Water Authority in respect of work, WSS to Elanthoor and Mallappuzhassery Villages - laying Distribution System in Zone III - Part I.
According to the petitioner, pursuant to the agreement executed by and between the parties, work is carried out by the petitioner, bill amounts are released, however, the 7% GST out of the total GST paid as is agreed upon is not paid to the petitioner. Thereupon, petitioner has submitted Ext.P4 before the 2nd respondent, which is pending consideration. Petitioner seeks direction for early finalization of the same and further consequential reliefs.
I have heard learned counsel for the petitioner and the learned Standing Counsel appearing for the Kerala Water Authority and perused the pleadings and the documents on record.
Learned Standing Counsel appearing for the Water Authority submitted that, petitioner has not produced required documents in order to process the claim raised by the petitioner.
WP(C).No.17792 of 2019 3
In that view of the matter, petitioner is given the liberty to produce all the required documents before the 2nd respondent, within a week from the date of receipt of a copy of this judgment, and if the documents are received, Ext.P4 shall be finalized at the earliest and at any rate, within a month from the date of receipt of the documents from the petitioner.
Learned counsel for the petitioner also pointed out that, documents are submitted before the 3rd respondent. If any such documents are received by the 3rd respondent, there will be a direction to the 3rd respondent to transmit the said documents to the 2nd respondent for appropriate action in accordance with the directions. The writ petition is disposed of accordingly. SHAJI P.CHALY JUDGE uu 18.07.2019
WP(C).No.17792 of 2019 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE PHOTOCOPY OF AGREEMENT DATED 07.06.2018 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT EXHIBIT P2 THE PHOTOCOPY OF CIRCULAR NO.G.ST/002/17 DATED 10.08.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 POSTAL RECEIPT GIVEN BY THE POSTAL DEPARTMENT DATED 22.06.2019 EXHIBIT P4 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS
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.