Hareesh.R.V. vs. The Managing Director

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WP(C)/2748/2019HC KeralaGSTCNR KLHC01007279201904 February 2019Bench: HONOURABLE MRS. JUSTICE ANU SIVARAMAN4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940 WP(C).No. 2748 of 2019 PETITIONER/S: HAREESH.R.V. AGED 41 YEARS S/O V.RAJENDRAN NAIR, ANJALI, MKRA NO.197, MANAYILKULANAGARA, THIRUMULLAVARAM P.O., KOLLAM-12. BY ADV. SRI.SAJU J PANICKER RESPONDENT/S: 1 THE MANAGING DIRECTOR KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-33. 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, P.H. CIRCLE, KOLLAM- 691001 3 THE EXECUTIVE ENGINEER PH DIVISION, KOTTARAKKARA, KOLLAM-691001 BY ADV. SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY OTHER PRESENT: GP B VINITHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2748 of 2019 2 JUDGMENT The petitioner has approached this Court seeking the following prayer:- I. To issue a writ of mandamus, order or direction, directing the respondents to reimburse an amount of Rs.1,11,362/- paid as GST in connection with the works undertaken by the petitioner.

2.

It is submitted by the learned counsel for the petitioner that the issue raised in this writ petition is covered by a judgment of this Court in W.P.(C) NO.13676/2018 dated 7.6.2018. 3. The learned Standing Counsel appearing for the respondents would submit that Ext.P6 representation preferred by the petitioner is pending before the 3rd respondent and appropriate action shall be taken by the 3rd respondent to sanction and disburse all amounts due to the petitioner as refund of GST. In the above view of the matter, there will be a direction to the 3rd respondent to take up, consider and pass appropriate orders on Ext.P6 representation preferred by the petitioner. Orders shall be passed within a period of one month from the date of receipt of a copy of this judgment taking note of the findings in the judgment in W.P.(C) No.13676/2018 also. The

WP(C).No. 2748 of 2019 3 amounts found due shall be disbursed to the petitioner within a period of one month thereafter. The writ petition is ordered accordingly. ANU SIVARAMAN JUDGE rmm

WP(C).No. 2748 of 2019 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF THE LETTER DATED 23.6.2017 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. EXHIBIT P2 THEOF THE BID ACKNOWLEDGMENT. EXHIBIT P3 THEOF THE CIRCULAR/GST/002/17 DATED 10.8.2017 ISSUED BY THE KERALA WATER AUTHORITY. EXHIBIT P4 THEOF THE MEMORANDUM OF PAYMENT. EXHIBIT P5 THEOF THE LETTER DATED 4.12.2018 ISSUED BY THE PETITIONER TO THE IST RESPONDENT. EXHIBIT P6 THEOF THE LETTER DATED 19.11.2018 ISSUED TO THE 3RD RESPONDENT BY THE PETITIONER. RESPONDENTS EXHIBITS NIL //// P.A. TO JUDGE

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.