Kerala High Court
Zubair V vs State Of Kerala on 5 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
WP(C) NO. 1918 OF 2021
PETITIONER:
ZUBAIR V.,
AGED 49 YEARS, S/O ABDULLA,
CHERUPARAMBIL HOUSE,
KODUR, P O, MANGATTUPULAM,
MALAPPURAM-676504.
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
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
WATER RESOURCES DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 KERALA WATER AUTHORITY
HEAD OFFICE, JALA BHAVAN,
VELLAYAMBALAM,
THIRUVANANTHAPURAM-695033,
REPRESENTED BY ITS MANAGING DIRECTOR.
3 SUPERINTENDING ENGINEER
KERALA WATER AUTHORITY,
P.H.CIRCLE, MALAPPURAM,
W.P.(C) No.1918/21
-:2:-
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
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.1918/21
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BECHU KURIAN THOMAS, J.
-----------------------------------------
W.P.(C) No.1918 of 2021
----------------------------------------
Dated this the 5th day of October, 2021
JUDGMENT
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.
2. 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.
3. 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.
4. I have heard Adv.George Mathew, the learned counsel for
W.P.(C) No.1918/21
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.
5. 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.
6. 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.
7. 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
W.P.(C) No.1918/21
that the above time limit of two months shall be strictly complied with.
The writ petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
vps
W.P.(C) No.1918/21
APPENDIX OF WP(C) 1918/2021
PETITIONER'S/S' EXHIBITS
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF NIT ALONG
WITH INSTRUCTIONS AND SPECIAL CONDITIONS
DATED 02.12.2016 IN E-TENDER NO.
08/2016-2017.
EXHIBIT P2 TRUE COPY OF CIRCULAR
NO.0023/2011/DY.AM/FIN.KWA DATED
10.08.2017 ISSUED BY 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF VOUCHER IN FORM CB-3 DATED
30.05.2019 OF CC 1ST AND PART BILL.
EXHIBIT P4 TRUE COPY OF VOUCHER IN FORM CB-3 DATED
02.08.2019 OF CC 2ND AND PART BILL.
EXHIBIT P5 TRUE COPY OF VOUCHER IN FORM CB-3 DATED
03.08.2019 OF CC 3RD AND PART BILL.
EXHIBIT P6 TRUE COPY OF VOUCHER IN FROM CB-3 DATED
04.11.2019 OF CC 4TH AND PART BILL.
EXHIBIT P7 TRUE COPY OF VOUCHER IN FROM CB-3 DATED
NIL09.2020 OF CC 5TH AND FINAL BILL
EXHIBIT P8 TRUE COPY OF GST SUMMARY FOR THE MONTH
OF MAY 2019.
EXHIBIT P9 TRUE COPY OF GST SUMMARY FOR THE MONTH
OF JULY 2019.
EXHIBIT P10 TRUE COPY OF GST SUMMARY FOR THE MONTH
OF NOVEMBER 2019.
EXHIBIT P11 TRUE COPY OF GST SUMMARY FOR THE MONTH
OF OCTOBER 2020.
EXHIBIT P12 TRUE COPY OF LETTER AND STATEMENT DATED
07.11.2020 SUBMITTED BY PETITIONER TO
4TH RESPONDENT
