Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 26TH DAY OF JUNE 2018 / 5TH ASHADHA, 1940
WP(C).No. 21058 of 2018
PETITIONER
1 VARGHESE KANNAMPALLY,
KANNAMPALLY HOUSE, EDATHUVA P.O.,
ALAPPUZHA DISTRICT, (STATE PRESIDENT,
KERALA GOVERNMENT CONTRACTORS ASSOCIATION,
THIRUVANANTHAPURAM).
2 GEOGY GEORGE K.
KOTTUKAPILLY HOUSE, KALPATHY P.O.,
PALAKKAD DISTRICT-678 003, (PRESIDENT,
PALAKKAD DISTRICT KERALA GOVERNMENT
CONTRACTORS ASSOCIATION).
3 N. ABDUL KASIM,
GOVERNMENT CONTRACTOR,
NADUKKANCHIRA HOUSE, VEERAMANGALAM P.O.,
CHERPULASSERY VIA, PALAKKAD DISTRICT-679 503,
(SECRETARY, PALAKKAD DISTRICT KERALA
GOVERNMENT CONTRACTORS ASSOCIATION).
BY ADVS.SRI.JOMY GEORGE
SRI.DEEPAK MOHAN
SMT.A.MINI JOSEPH
SMT.M.V.BABY
KUM.N.R.ATHIRA
RESPONDENTS:
------------
1. STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2. FINANCE SECRETARY,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
WP(C).No. 21058 of 2018
3. CHIEF ENGINEER,
GENERAL ADMINISTRATION,
PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVNANTHAPURAM-695 001.
4. CHIEF ENGINEER,
GENERAL ADMINISTRATION,
IRRIGATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
5. CHIEF ENGINEER,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
6. CHIEF ENGINEER,
HARBOR DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
BY GOVERNMENT PLEADER SMT. B. VINITHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26-06-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sdr/-
2.7.18
WP(C).No. 21058 of 2018 (F)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1 COPY OF THE CIRCULAR DATED 14/12/2017 ISSUED BY
FINANCE (INDUSTRIES AND PUBLIC WORKS)
DEPARTMENT.
EXT.P2 COPY OF THE REPRESENTATION DATED 04/06/2018 SENT
BY THE 1ST PETITIONER TO THE RESPONDENTS.
RESPONDENTS EXHIBITS NIL
/TRUE COPY/
PA TO JUDGE
sdr/-
2.7.18
ANU SIVARAMAN, J.
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W.P.(C) No.21058 of 2018
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Dated this the 26th day of June, 2018
J U D G M E N T The petitioner has approached this Court seeking the following reliefs: “a. issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to take immediate action to implement Exhibit P1 circular. b. issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to take immediate action on Exhibit P2 representation. c. issue a writ of mandamus or any other appropriate writ order or direction directing the respondents not to issue any tenders without complying with Exhibit P1 circular.”
2.It is stated that Ext.P2 representation has been preferred by the petitioner before the Government as well as the Chief Engineers of the Public Works, Water Resources and the Local Self Government Departments seeking implementation of Ext.P1 circular issued on 14.12.2017 subsequent to the introduction of GST. It is submitted that Ext.P2 representation is pending before the respondents.
3.In the above view of the matter, after hearing the learned counsel for the petitioner and the learned Government Pleader, I am of the opinion that the first
W.P.(C) No.21058 of 2018 2 respondent is duty bound to take up and pass orders on Ext.P2 representation preferred by the petitioner. There will be a direction to the first respondent to take up, consider and pass orders on Ext.P2 within a period of two months from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. ANU SIVARAMAN JUDGE sab
