The High Court directed various respondents to consider the petitioner's representation regarding Net GST Compensation for completed bridge construction work and direct disbursement of dues within three months.
Direction to respondents 3 to 7 to consider Ext.P4 and disburse amounts due to petitioner within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 15TH DAY OF DECEMBER 2021 / 24TH AGRAHAYANA, 1943
WP(C) NO. 29004 OF 2021
PETITIONER:
CONTOUR CONSTRUCTIONS PVT. LTD HAVING ITS ADMINISTRATIVE OFFICE AT 2ND FLOOR, BHAGHEERATHA SQUARE, BANERJI ROAD, COCHIN – 682 018, REPRESENTED BY ITS DIRECTOR.
BY ADV SRI. BIJU MATHEW
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCIAL TAXES, SECRETARIAT, THIRUVANANTHAPURAM – 695 001.
2 KERALA STATE CONSTRUCTION CORPORATION LTD. HAVING ITS REGISTERED OFFICE AT DOOR NO.30/1521, A BAY UNDER THE BRIDGE, NORTHERN SIDE OF RAILWAY PONNURUNNY, VYTTILA, KOCHI – 682 019., REPRESENTED BY ITS MANAGING DIRECTOR.
3 THE GENERAL MANAGER KERALA STATE CONSTRUCTION CORPORATION LTD., DOOR NO.30/1521, A BAY UNDER THE BRIDGE, NORTHERN SIDE OF RAILWAY PONNURUNNY, VYTTILA, KOCHI – 682 019.
4 THE CHIEF ENGINEER PWD (BRIDGES), PUBLIC OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM – 695 033.
5 THE SUPERINTENDING ENGINEER, PWD (ROADS AND BRIDGES) SOUTH CIRCLE, THIRUVANANTHAPURAM – 695 033.
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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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JUDGMENT
The petitioner has entered into Ext.P1 agreement with the 2nd respondent for the work “Construction of Bridge near Moncombu Civil Station across Manimala river in Alappuzha district” and completed the said work in the year 2020. 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 Government Order. The petitioner has filed Ext.P4 representation 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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and the learned Government Pleader for the respondents.
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 to respondents 3
to 7 to consider Ext.P4 in the light of Ext.P3 Government Order 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.
The writ petition is disposed of accordingly.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SPR
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APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO.CC/GM/TVM/46/2013-14 DATED 07/03/2014.
EXHIBIT P2 TRUE COPY OF THE TABULAR SHEET SHOWING DETAILS OF PAYMENTS RECEIVED ON THE WORKS UNDERTAKEN BY THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER DATED 27/01/2018.
EXHIBIT P4 TRUE COPY OF THE LATEST REPRESENTATION DATED 02/12/2021 ISSUED BY THE PETITIONER TO THE RESPONDENTS 2 TO 7.
EXHIBIT P5 TRUE COPY OF THE DIRECTON DATED 27/12/2018 ISSUED BY THE 2ND RESPONDENT TO THE RESPONDENTS 3 & 4.
RESPONDENTS'S EXHIBITS:- NIL.
1 issue framed by the court
Whether the respondents are directed to consider the petitioner's representation for disbursement of Net GST Compensation in light of the Government Order and pay the dues within three months.
Contour Constructions Pvt. Ltd
State of Kerala
Kerala State Construction Corporation Ltd.
The General Manager, Kerala State Construction Corporation Ltd.
The Chief Engineer PWD (Bridges), Thiruvananthapuram
The Superintending Engineer, PWD (Roads and Bridges) South Circle Thiruvananthapuram
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
