Marysadan Edathala International Private Limited vs. State Of Kerala
Facts
The petitioner, Marysadan Edathala International Private Limited, filed a writ petition before the Kerala High Court. The petitioner sought a signed copy of Form 20 declaration for the years 2015-16 and 2016-17. The respondents included the State of Kerala, the Executive Engineer, PWD Road Division, and other PWD and SGST officials. The petitioner approached the court seeking this specific document, which was presumably required for their GST-related compliance or record-keeping. The procedural history indicates that the petitioner filed this writ petition to obtain the aforementioned declaration.
Held
The Court disposed of the writ petition by granting liberty to the petitioner to appear before the 2nd respondent (Executive Engineer, PWD Road Division) within one week from the date of the judgment, accompanied by a copy of the judgment. The Court directed the 2nd respondent to deliver the duly signed Form 20 for the years 2015-16 and 2016-17 within two days thereafter. The reasoning appears to be based on the respondent's concession to provide the document, thereby resolving the petitioner's grievance. The ratio decidendi is that when a statutory authority is willing to provide a required document and the petitioner approaches them as directed by the Court, the authority should comply promptly. No issue was expressly left undecided.
Key Issues
1. Whether the petitioner is entitled to receive a signed copy of Form 20 declaration for the years 2015-16 and 2016-17 from the respondent authorities? The petitioner contended that they required the signed Form 20 for the specified years. The respondents, represented by the Government Pleader, stated their willingness to provide the signed copy of Form 20 for the years 2015-16 and 2016-17, provided the petitioner approached the concerned authority within the time granted by the Court. No specific statutory provisions or precedents were cited by either party in the judgment.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941 WP(C).No.15815 OF 2019(B) PETITIONER: MARYSADAN EDATHALA INTERNATIONAL PRIVATE LIMITED NEELEESWARAM P.O., KALADY, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, SUBIN GEORGE. BY ADVS. SRI.ANOOP.V.NAIR SRI.M.S.SANDEEP SUDHAKARAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, PWD DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE EXECUTIVE ENGINEER PWD ROAD DIVISION, THRIKKAKARA P.O., ERNAKULAM DISTRICT-682021. 3 THE DEPUTY COMMISSIONER OFFICE OF DEPUTY COMMISSIONER, SGST DEPARTMENT, MATTANCHERY, ERNAKULAM DISTRICT-682 035. 4 PUBLIC INFORMATION OFFICER AND DIVISIONAL ACCOUNTANT OFFICE OF THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, THRIKKAKARA P.O., ERNAKULAM DISTRICT-682 021. 5 THE SUPERINTENDING ENGINEER PWD ROADS, CENTRAL CIRCLE, ALUVA, ERNAKULAM -683101. GP. DR. THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2- WP(C) NO.15815 OF 2019 JUDGMENT Dr.Thushara James, the learned Government Plea
The judgment continues below.
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