Disposed

Hareesh.R.v. v. the Managing Director

Kerala HC4 Feb 2019WP(C)/2748/2019

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought reimbursement of GST paid for works undertaken. The Court directed the 3rd respondent to consider the representation for refund within one month and disburse the amounts found due subsequently, noting a parallel judgment.

What did the court decide?

Direction to the 3rd respondent to consider the representation for GST refund within one month and disburse amounts found due within one month thereafter.

Hareesh.R.v. Vs the Managing Director — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940

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WP(C).No. 2748 of 2019

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PETITIONER/S:

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HAREESH.R.V. AGED 41 YEARS S/O V.RAJENDRAN NAIR, ANJALI, MKRA NO.197, MANAYILKULANAGARA, THIRUMULLAVARAM P.O., KOLLAM-12.

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BY ADV. SRI.SAJU J PANICKER

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RESPONDENT/S:

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1 THE MANAGING DIRECTOR KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-33.

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2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, P.H. CIRCLE, KOLLAM- 691001

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3 THE EXECUTIVE ENGINEER PH DIVISION, KOTTARAKKARA, KOLLAM-691001

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BY ADV. SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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OTHER PRESENT:

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GP B VINITHA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2748 of 2019 2

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JUDGMENT

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The petitioner has approached this Court seeking the following prayer:-

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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.

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It is submitted by the learned counsel for the petitioner

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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.

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The learned Standing Counsel appearing for the respondents would submit that Ext.P6 representation preferred by the petitioner is pending before the 3^rd respondent and appropriate action shall be taken by the 3^rd respondent to sanction and disburse all amounts due to the petitioner as refund of GST.

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In the above view of the matter, there will be a direction to the 3^rd 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

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WP(C).No. 2748 of 2019 3

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amounts found due shall be disbursed to the petitioner within a period of one month thereafter.

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The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

rmm

WP(C).No. 2748 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE LETTER DATED 23.6.2017 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT.

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EXHIBIT P2 THE TRUE COPY OF THE BID ACKNOWLEDGMENT. EXHIBIT P3 THE TRUE COPY OF THE CIRCULAR/GST/002/17 DATED 10.8.2017 ISSUED BY THE KERALA WATER AUTHORITY.

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EXHIBIT P4 THE TRUE COPY OF THE MEMORANDUM OF PAYMENT.

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EXHIBIT P5 THE TRUE COPY OF THE LETTER DATED 4.12.2018 ISSUED BY THE PETITIONER TO THE IST RESPONDENT.

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EXHIBIT P6 THE TRUE COPY OF THE LETTER DATED 19.11.2018 ISSUED TO THE 3RD RESPONDENT BY THE PETITIONER.

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RESPONDENTS EXHIBITS NIL

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// TRUE COPY //

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P.A. TO JUDGE

Hareesh.R.v. v. the Managing Director

Case brief

What is this about?

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Hareesh.R.v. v. the Managing Director

Case brief

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