R.Divakaran vs State Of Kerala
2021 Latest Caselaw 2654 Ker

W.P(c).No.28882/2020-I               1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                         WP(C).No.28882 OF 2020(I)


PETITIONER:

               R.DIVAKARAN
               AGED 63 YEARS
               PWD CONTRACTOR, CHITHIRA, TC 14/1773, KANNAMOOLA,
               MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.

               BY ADV. SHRI.AJITH KRISHNAN

RESPONDENTS:

       1       STATE OF KERALA,
               REPRESENTED BY PRINCIPAL SECRETARY, PUBLIC WORKS
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

       2       THE CHIEF ENGINEER,
               PUBLIC WORKS DEPARTMENT BUILDINGS, PUBLIC OFFICE,
               THIRUVANANTHAPURAM-695033.

       3       THE EXECUTIVE ENGINEER,
               PUBLIC WORKS DEPARTMENT BUILDINGS DIVISION, PMG
               JUNCTION, THIRUVANANTHAPURAM-695033.

       4       THE ASSISTANT EXECUTIVE ENGINEER,
               PWD BUILDINGS SUB DIVISION, ATTAINGAL,
               THIRUVANANTHAPURAM-695501.

       5       THE DIRECTOR OF HEALTH SERVICE,
               OFFICE OF THE DIRECTOR OF HEALTH SERVICE, GENERAL
               HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695001.

       6       THE CHIEF SECRETARY,
               GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.


               GOVERNMENT PLEADER SMT.VINITHA BALAKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(c).No.28882/2020-I                       2




                                       P.V.ASHA, J.
                    -----------------------------------------------------
                              W.P(c) No.28882 of 2020-I
                     ----------------------------------------------------
                       Dated this the 22nd day of January, 2021

                                   JUDGMENT

The petitioner, who had undertaken emergency deposit work of Asset

Maintenance Fund - Maintenance Work of Doctor's Quarters at Govt. Taluk Hospital

Valiyakunnu, Attingal, has filed this Writ Petition aggrieved by the non payment towards

the final bill. It is stated that the work was completed on 01.10.2019. According to the

petitioner, the amount due to him towards final bill comes to Rs.13,78,969/- inclusive of

GST.

2. Smt. B.Vineetha, the learned Government Pleader, on instructions submits

that the amount due to the petitioner is only a sum of Rs.11,81,975/-. It is also her

contention that the petitioner is not entitled to be paid GST amount and 18% interest on

the amount due.

Therefore, the Writ Petition is disposed of with a direction to the 5 th respondent to

take steps for disbursing the admissible amount due to the petitioner, within a period of

two months. The claim of the petitioner for GST as well as interest is left open.

Sd/- (P.V.ASHA, JUDGE)

rtr/

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE NO.AB 10/D3/2018/9402 DATED 5/3/2019 TO THE PETITIONER ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE LETTER NO.AB10/D2-

5338/2015 DATED 06/2019 ISSUED BY THE 3RD RESPONDENT TO 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 15/10/2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.