Disposed

Contour Constructions Pvt. Ltd, v. State of Kerala

Kerala HC15 Dec 2021WP(C)/29002/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition by directing three executive engineers to consider the petitioner's representation for disbursement of Net GST Compensation remitted against bridge construction work, referencing a Government Order.

What did the court decide?

Direction to respondents to consider the representation and disburse amounts due within three months.

Contour Constructions Pvt. Ltd, Vs State of Kerala — Consumer Protection | 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 MURALI PURUSHOTHAMAN

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WEDNESDAY, THE 15^TH DAY OF DECEMBER 2021 / 24TH AGRAHAYANA, 1943

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WP(C) NO. 29002 OF 2021

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PETITIONER:

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CONTOUR CONSTRUCTIONS PVT. LTD., HAVING ITS ADMINISTRATIVE OFFICE AT 2ND FLOOR, BHAGHEERATHA SQUARE, BANERJI ROAD, COCHIN - 682 018, REPRESENTED BY ITS DIRECTOR.

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BY ADV SRI. BIJU MATHEW

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCIAL TAXES, SECRETARIAT, THIRUVANANTHAPURAM - 695 001

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2 THE CHIEF ENGINEER, PWD (BRIDGES), PUBLIC OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033.

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3 THE SUPERINTENDING ENGINEER, PWD (ROADS AND BRIDGES), SOUTH CIRCLE, THIRUVANANTHAPURAM - 695 033.

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4 THE SUPERINTENDING ENGINEER, PWD (BRIDGES CIRCLE), ALAPPUZHA - 688 012.

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5 THE EXECUTIVE ENGINEER, PWD (ROADS AND BRIDGES DIVISION), PATHANAMTHITTA - 689 645.

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6 THE EXECUTIVE ENGINEER, PWD (BRIDGES DIVISION), ALAPPUZHA - 688 012.

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WP(C) NO. 29002 OF 2021

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7 THE EXECUTIVE ENGINEEER, PWD (ROADS DIVISION), PATHANAMTHITTA - 689 645.

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DR.THUSHARA JAMES – SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 29002 OF 2021

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JUDGMENT

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The petitioner has entered into Ext.P1 agreement with the 2^nd respondent for the work “Construction of Bridge at Peroorchal across Pamba river at Peroorchal in Kozhenchery – Ranni road (Balance and additional works)” and completed the said work on 29.12.2017. The petitioner has remitted 12% of the bills received towards GST in respect of the said work. However, the 'Net GST Compensation' for the work is not so far disbursed to the petitioner. The writ petition is filed by the petitioner requesting to disburse the 'Net GST Compensation' as per Ext.P3 G overnment Order. The petitioner has file d Ext.P4 represen tation for disbursement of the Net GST Compensation. The limited prayer of the petitioner is for a consideration of Ext.P4 in the light of Ext.P3 Government Order.

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WP(C) NO. 29002 OF 2021

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Heard the learned Counsel for the petitioner and

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the learned Government Pleader for the respondents.

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On a consideration of the facts and

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circumstances of the case and the submission made across the bar and in the nature of the limited prayer sought for, there will be a direction t o respondents 3 to 7 to con sider Ext.P4 in the light of Ext.P3 Government Order

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and disburse the amounts due to the petitioner, within a period of three months from the date of receipt of a copy of this judgment.

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The writ petition is disposed of accordingly.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C) NO. 29002 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO.151/SEC/2012-13 DATED 01/08/2012 WITH COVERING LETTER.

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EXHIBIT P2 TRUE COPY OF THE TABULAR SHEET SHOWING DETAILS OF PAYMENTS RECEIVED ON THE WORKS UNDERTAKEN BY THE PETITIONER.

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EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER DATED 27/01/2018.

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EXHIBIT P4 TRUE COPY OF THE LATEST REPRESENTATION DATED 02/12/2021 ISSUED BY THE PETITIONER TO THE RESPONDENTS 2 TO 4.

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EXHIBIT P5 TRUE COPY OF THE DIRECTON DATED 27/12/2018 ISSUED BY THE 2ND RESPONDENT TO THE RESPONDENTS 3 & 4.

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RESPONDENTS'S EXHIBITS:- NIL.

Contour Constructions Pvt. Ltd, v. State of Kerala

Case brief

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Contour Constructions Pvt. Ltd, v. State of Kerala

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