Eldhose K.G. 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.16839 of 2019 PETITIONER/S: ELDHOSE K.G., AGED 55 YEARS, S/O GEEVARGHESE, KAKKATTIL HOUSE, NORTH MAZHUVANNUR, IRAPURAM P.O.PERUMBAVOOR, ERNAKULAM DISTRICT-683 541. BY ADVS. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE RESPONDENT/S: 1 KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM DISTRICT-683541. 2 THE SUPERINTENDING ENGINEER, PH CIRCLE, KERALA WATER AUTHORITY, MUVATTUPUZHA-695 033. 3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, PIRAVOM-686 664. 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 18.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.16839 of 2019 2 JUDGMENT Petitioner is a registered A Class Government Contractor engaged by the Kerala Water Authority as per two agreements dated 10.04.2017 and 17.05.2017. According to the petitioner, work was completed and bill amounts are released, however, in terms of the agreements, 7% of the GST agreed to be paid to the petitioner is not released by the respondents, in spite of earnest efforts made by the petitioner and production of requisite documents and therefore, seeks appropriate directions.
Having heard learned counsel for the petitioner and learned Standing Counsel for the Water Authority, there will be a direction to the 2nd respondent to take a decision in the application submitted by the petitioner along with the documents for release of 7% of the GST as is agreed upon by and between the parties, at the earliest and at any rate, within a month from the date of receipt of a copy of this judgment, if required, after securing participation of the petitioner. If any documents are requisited to process the claim raised by the petitioner, it shall be produced by
WP(C).No.16839 of 2019 3 the petitioner before the said authority. The writ petition is disposed of, accordingly. SHAJI P.CHALY JUDGE uu 18.07.2019
WP(C).No.16839 of 2019 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE PHOTOCOPY OF CIRCULAR NO GST/022/17 DATED 10.8.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 6.6.2019 GIVEN TO THE 3RD RESPONDENT EXHIBIT P3 TRUE PHOTOCOPY OF LETTER DATED 11.6.2019 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT EXHIBIT P4 TRUE PHOTOCOPY OF CB3 VOUCHER REGARDING AGREEMENT NO 1/2017 DATED 10.4.2017 EXHIBIT P5 TRUE PHOTOCOPY OF CB3 VOUCHER REGARDING AGREEMENT NO 2/2017 DATED 17.5.2017
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.