Kerala High Court
Santhosh.N.C vs Kerala State Elecricity Board-Kseb on 21 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:87491
WP(C) NO. 37721 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
WP(C) NO. 37721 OF 2024
PETITIONER/S:
SANTHOSH.N.C
AGED 54 YEARS
S/O CHELLAPPAN, NALINI MANDIRAM, V
ADAKKEVILA.P.O, VADAKKEVILA,
KOLLAM., PIN - 691010
BY ADVS.
MURALI MADANTHACODU
GREESHMA M.M.
RESPONDENT/S:
KERALA STATE ELECRICITY BOARD-KSEB
REPRESENTED BY ITS SECRETARY, VAIDYUTHI
BHAVAN,PATTOM, THIRUVANANTHAPURAM, PIN - 695015
BY ADV SRI AJIT JOY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:87491
WP(C) NO. 37721 OF 2024
2
JUDGMENT
The petitioner, a registered petty contractor of the
respondent, is aggrieved by the non-payment of amounts due to
him for the completed works and non-issuance of notices of future
works.
2. Learned counsel for the petitioner submits that
the only reason for non-payment of bills and non-issuance of
notices is the alleged failure of his client to remit the GST for the
bill amounts disbursed for the completed works. It is submitted
that the dispute with respect to such non-payment is between the
petitioner and the GST Department and for that reason, payment
of future bills cannot be denied.
3. Learned Standing Counsel for the Kerala State
Electricity Board submits that the respondent having paid the bill
amounts to the petitioner inclusive of GST, the petitioner was
bound to remit the GST component in the manner provided. For
the petitioner's failure, the KSEB has initiated proceedings under
the Kerala Public Works Account Code, which may ultimately end
in the petitioner being blacklisted.
2024:KER:87491
WP(C) NO. 37721 OF 2024
4. Having heard the counsel on either side, this
Court is of the opinion that, initiation of proceedings under the
Kerala Public Works Account Code cannot result in the petitioner
being denied the opportunity to participate in tenders. Therefore,
the petitioner shall also be issued notices of future tenders in
accordance with the existing procedure.
As far as payments due of the petitioner are concerned,
insofar as the KSEB is not being mulcted with liability for the
petitioner's default in remitting the GST component, the amount
mentioned in Ext. P2 should be disbursed within two months.
The Writ Petition is disposed of accordingly.
Sd/-
V.G.ARUN
JUDGE
SPV
2024:KER:87491
WP(C) NO. 37721 OF 2024
APPENDIX OF WP(C) 37721/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT IN WP(C)
NO.9317/2022, DATED 23/03/2022
EXHIBIT P2 TRUE COPY OF THE LETTER OF THE DEPUTY
CHIEF ENGINEER DATED 21/06/2022
EXHIBIT P3 TRUE COPY OF THE LETTER OF THE CHIEF
ENGINEER (DISTRIBUTION SOUTH) ISSUED TO
THE PETITIONER DATED 27/05/2022
EXHIBIT P4 TRUE COPY OF THE ORDER OF THE STATE TAX
OFFICER, SGST DEPARTMENT, TAX PAYER
SERVICES CIRCLE, KOLLAM WEST, DATED
04/11/2023
EXHIBIT P5 TRUE COPY OF THE GST APPEAL SUBMITTED
BEFORE THE APPELLATE AUTHORITY, GST,
KOLLAM, DATED 17/02/2024
EXHIBIT P6 TRUE COPY OF THE ORDER OF THE RESPONDENT
REGARDING MODE OF PUBLICITY, DATED
13/01/2005
EXHIBIT P7 TRUE COPY OF THE LETTER OF THE PETITIONER
SEND TO THE EXECUTIVE ENGINEER, ELECTRICAL
CIRCLE (PMU), KOLLAM, DATED 30/10/2023
EXHIBIT P8 TRUE COPY OF THE INFORMATION RECEIVED AS
PER RTI ACT, DATED 30/03/2024
EXHIBIT P9 TRUE COPY OF THE INFORMATION RECEIVED AS
PER RTI ACT, DATED 26/03/2024
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
