Allowed

Peter Kuriakose v. State of Kerala

Kerala HC16 Dec 2021WP(C)/29186/2021

Case brief

AI extract

What is this about?

A writ petition filed by a contractor seeking the disbursement of pending GST compensation on a completed government work. The High Court directed the relevant authority to process the petitioner's representation and pay the dues within three months.

What did the court decide?

Direction to the 4th respondent to consider the petitioner's representation and disburse the Net GST Compensation within three months.

Peter Kuriakose Vs State of Kerala — Public Procurement and Tenders | 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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THURSDAY, THE 16^TH DAY OF DECEMBER 2021 / 25TH AGRAHAYANA, 1943

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WP(C) NO. 29186 OF 2021

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PETITIONER/S:

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PETER KURIAKOSE AGED 55 YEARS

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S/O.K.A.KURIAKOSE, RESIDING AT KUNNATHU HOUSE, CEZ.P.O, KAKKANAD, ERNAKULAM-682037.

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BY ADV BIJU MATHEW

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCIAL TAXES, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE CHIEF ENGINEER,PWD (BUILDINGS), PUBLIC OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033.

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3 THE SUPERINTENDING ENGINEER, PWD (BUILDINGS), NORTH CIRCLE, PWD COMPLEX, KOZHIKODE-673001.

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4 THE EXECUTIVE ENGINEER, PWD (BUILDINGS), PALAKKAD DIVISION, PALAKKAD-680020.

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SMT. THUSHARA JAMES, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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16.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 29186 OF 2021

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J U D G M E N T

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The petitioner has entered into Ext.P1 agreement with

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the 3^rd respondent for the work 'Boys Hostel for Government Engineering College, Sreekrishnapuram, Palakkad District and completed the said work on 12.10.2018. 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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Heard the learned Counsel for the petitioner and the learned Government Pleader for the respondents.

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WP(C) NO. 29186 OF 2021

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On a consideration of the facts and 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 the 4^th respondent 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.

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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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WP(C) NO. 29186 OF 2021

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APPENDIX OF WP(C) 29186/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE AGREEMENT NO.S.E. (K)430F2016-2017 DATED 24/10/2016

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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 09/12/2021 ISSUED BY THE PETITIONER TO THE RESPONDENTS 2 TO 4

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

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// True Copy // PA To Judge

Peter Kuriakose v. State of Kerala

Case brief

What is this about?

What did the court decide?

Peter Kuriakose v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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