M/S. Ramky Infrastructure Ltd & Vasco ... vs State Of Kerala
2024 Latest Caselaw 9264 Ker

Kerala High Court

M/S. Ramky Infrastructure Ltd & Vasco ... vs State Of Kerala on 3 April, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
         Wednesday, the 3rd day of April 2024 / 14th Chaithra, 1946
                  IA.NO.1/2024 IN WP(C) NO. 33296 OF 2023
APPLICANT/PETITIONER:

     M/S. RAMKY INFRASTRUCTURE LTD & VASCO (JV), RAMKY GRANDOISE, 15TH
     FLOOR, SY.NO.136/2 &4 GACHIBOWLI, HYDERABAD - 500 032. REPRESENTED
     BY ITS AUTHORIZED SIGNATORY SHRI. VISWANATHAN VASU ARANGATH, PIN -
     500032

RESPONDENTS/RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
     DEPARTMENT OF TAXES, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
  2. KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOLLAM, THROUGH ITS
     EXECUTIVE ENGINEER, PIN- 691001
  3. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
     CIRCLE, KOLLAM, PIN-691001
  4. EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY,
     KOLLAM, PIN - 691001


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to appropriately
modify or alter the judgment entitling the petitioner to the enhanced rate
of tax at 18% as per the contract clause 815.2 and also substitute the
words "inclusive" instead of the words "exclusive" appearing in the
judgment.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this Court's final order
dated 21.02.2024 and upon hearing the arguments of M/S. A.KUMAR,
P.J.ANILKUMAR, G.MINI & P.S.SREE PRASAD, Advocates for the petitioner and
of and of GEORGIE JOHNY, Advocates for R2 to R4, the court passed the
following:
                   DINESH KUMAR SINGH, J.
                            -----------------------
                         I. A. No. 1 of 2024
                                     In
                     W.P.(C) No. 33296 of 2023
                          ----------------------------
                  Dated this the 3rd day of April, 2024


                                ORDER

This is an application for substituting the word "exclusive"

appearing in the Judgment dated 21.02.2024 with the word

"inclusive".

Heard the learned Counsel for the petitioner and the learned

Government Pleader.

Allowed .

Sd/-

DINESH KUMAR SINGH JUDGE Svn