Allowed

Zubair v. Vs State of Kerala

Kerala HC5 Oct 2021WP(C)/1918/2021

Case brief

AI extract

What is this about?

This order allowed the petitioner's writ petition, which challenged the non-implementation of an internal circular allowing GST reimbursement for contractors. The court directed the Finance Manager respondent to decide the petitioner's representation within two months.

What did the court decide?

Directed the fifth respondent to consider and pass orders upon the petitioner's representation regarding GST reimbursement within two months.

Zubair v Vs State of Kerala — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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TUESDAY, THE 5^TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943

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WP(C) NO. 1918 OF 2021

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PETITIONER:

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ZUBAIR V., AGED 49 YEARS, S/O ABDULLA, CHERUPARAMBIL HOUSE, KODUR, P O, MANGATTUPULAM, MALAPPURAM-676504.

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BY ADVS. SRI.GEORGE MATHEW SHRI.PRAVEEN S. SRI.M.D.SASIKUMARAN SRI.SUNIL KUMAR A.G SMT.ELSA DENNY PINDIS SRI.DIPU JAMES SRI.MATHEW K.T. SRI.K.V.GEORGE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 KERALA WATER AUTHORITY HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS MANAGING DIRECTOR.

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3 SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, P.H.CIRCLE, MALAPPURAM,

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W.P.(C) No.1918/21

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-:2:-

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KOZHIKODE DISTRICT-673009. 4 EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PROJECT DIVISION, MALAPPURAM, KOZHIKODE DISTRICT-673009. 5 THE FINANCE MANAGER KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033. BY ADV.SRI.JUSTIN JACOB, SR. GOVT. PLEADER ADV SRI.P.BENJAMIN PAUL, SC FOR R2-R5

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.1918/21

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-:3:-

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BECHU KURIAN THOMAS, J.

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W.P.(C) No.1918 of 2021

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Dated this the 5^th day of October, 2021

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JUDGMENT

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Petitioner is an A class PWD Contractor, who had undertaken various works of the Kerala Water Authority. He had successfully completed the works within the stipulated time and have even received the bills without any dispute.

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However, tax due as GST for the bill amount was not reimbursed to the petitioner though he claims to have already paid the said tax. In the meantime, the Kerala Water Authority issued Ext.P2 circular agreeing to reimburse the GST applicable for the works carried out by the contractors on production of payment receipt of GST towards the goods and services on the respective items executed under the contract.

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Petitioner, filed Ext.P12 representation before the fifth respondent claiming the benefit of Ext.P2 circular and according to the petitioner, no decision has been taken on Ext.P12.

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I have heard Adv.George Mathew, the learned counsel for

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W.P.(C) No.1918/21

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-:4:-

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the petitioner, Adv.Justin Jacob, learned Senior Government Pleader for the first respondent as well as Adv.Benjamin Paul, the learned Standing Counsel for respondents 2 to 5.

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This Court has been noticing several writ petitions seeking the benefit of the circular issued by the Kerala Water Authority themselves agreeing to absorb and pay the GST incurred by the contractors. In spite of the said circular, it is a matter of concern that the Kerala Water Authority is not adhering to the said decision taken by them. This is yet another such instance, which reflects the failure of the Kerala Water Authority to abide by their own decision.

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Having regard to the circumstances of the case and the submissions made by Adv.George Mathew, I am of the view that, this writ petition can be disposed of, directing the fifth respondent to consider and pass orders upon Ext.P12, as expeditiously as possible, at any rate, within an outer period of two months from the date of receipt of a copy of this judgment.

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It is clarified that, if a hearing is required to be conducted, petitioner shall be granted an opportunity of hearing, within a period of four weeks from the date of receipt of a copy of this judgment and the orders thereon shall be passed within the next four weeks, so

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W.P.(C) No.1918/21

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-:5:-

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that the above time limit of two months shall be strictly complied with.

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The writ petition is allowed as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

vps

W.P.(C) No.1918/21

-:6:-

PETITIONER'S/S' EXHIBITS

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EXHIBIT P1	TRUE COPY OF WITH INSTRUCT	RELE IONS	VANT AND	PAGES OF NIT SPECIAL COND	ALONG ITIONS
	DATED 02.12 08/2016-2017.	.201	6	IN E-TENDER	NO.
EXHIBIT P2	TRUE CO NO.0023/2011/	PY DY.A	M/FI	OF CI N.KWA	RCULAR DATED
	10.08.2017 IS	SUED	BY	1ST RESPONDENT	.
EXHIBIT P3	TRUE COPY OF 30.05.2019 OF	VOUC CC	HER 1ST	IN FORM CB-3 AND PART BILL.	DATED
EXHIBIT P4	TRUE COPY OF 02.08.2019 OF	VOUC CC	HER 2ND	IN FORM CB-3 AND PART BILL.	DATED
EXHIBIT P5	TRUE COPY OF 03.08.2019 OF	VOUC CC	HER 3RD	IN FORM CB-3 AND PART BILL.	DATED
EXHIBIT P6	TRUE COPY OF 04.11.2019 OF	VOUC CC	HER 4TH	IN FROM CB-3 AND PART BILL.	DATED
EXHIBIT P7	TRUE COPY OF NIL09.2020 OF	VOUC CC	HER 5TH	IN FROM CB-3 AND FINAL BILL	DATED
EXHIBIT P8	TRUE COPY OF OF MAY 2019.	GST	SUM	MARY FOR THE	MONTH
EXHIBIT P9	TRUE COPY OF OF JULY 2019.	GST	SUM	MARY FOR THE	MONTH
EXHIBIT P10	TRUE COPY OF OF NOVEMBER 2	GST 019.	SUM	MARY FOR THE	MONTH
EXHIBIT P11	TRUE COPY OF OF OCTOBER 20	GST 20.	SUM	MARY FOR THE	MONTH
EXHIBIT P12	TRUE COPY OF	LETT	ER	AND STATEMENT	DATED
	07.11.2020 S 4TH RESPONDEN	UBMIT T	TED	BY PETITION	ER TO

Zubair v. Vs State of Kerala

Case brief

What is this about?

What did the court decide?

Zubair v. Vs State of Kerala

Case brief

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What did the court decide?

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