Baburaj, vs State of Kerala,

Type Court Judgment Court Kerala Decided Apr 30, 2024

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Citation: sooperkanoon.com/1324696
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Apr 30, 2024
Case Number: WP(C)/16658/2024

Parties & Advocates

Appellant / Petitioner

Baburaj,

Respondent

State of Kerala,

Excerpt

.....effected the payment in part. it is further alleged that though in the agreement, gst is not included, all of a sudden when the bills were issued, the petitioner was directed to pay gst by the respondents. according to the petitioner, as per the rules and practice followed by the department, the respondent shall include applicable gst in addition to the value of the bill amount, while processing the bills for payment. it is for the department to add the applicable gst to the work while sanctioning the work and effecting payment of bills. after the work, the petitioner submitted the bill for the value of the work alone exclusive of gst expecting that the respondents would add applicable gst component to the ..3.. value of the bill and pay the value of the bill plus gst amount. however, the respondents did not include and add gst component to the bill and it disbursed the value of the work alone excluding gst while making the part payments. since the gst amount was not paid to the petitioner while disbursing part bill amount, he submitted ext.p6 representation before the respondents on 5/3/2024 seeking disbursement of gst amount due to the part bill already issued and also to pay the future bills along with gst amount. the limited prayer of the learned counsel for the petitioner is to give a direction to the 3rd respondent to dispose of ext.p6.2. having heard the learned counsel for the petitioner and thelearned government pleader, this writ petition is disposed of with a direction to the 3rd respondent to consider and dispose of ext.p6 in the light of exts.p4 and p5, in accordance with law, within a period of four weeks from the date of receipt of a copy of this judgment. sd/- dr. kauser edappagath judge apa ..4.. appendix of wp(c) 16658/2024 petitioner exhibits exhibit p1 true copy of the agreement schedule for the work of sub registrar office, triprayar, thrissur district in the name of the petitioner. exhibit p2 true copy of the agreement.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946 WP(C) NO. 16658 OF 2024 PETITIONER: BABURAJ, AGED 61 YEARS, S/O.LATE BHASKARAN, RESIDING AT ORAYAMPURATH HOUSE, KURUKKANCHERRY, THRISSUR., PIN - 680007 BY ADV P.K.PRIYA RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 KERALA STATE CONSTRUCTION CORPORATION LIMITED, DOOR NO. 3/1521-A, BAY UNDER THE BRIDGE, NORTHERN SIDE OF RAILWAY STATION, PONNURUNNI, VYTTILA, COCHIN, REPRESENTED BY THE AUTHORIZED OFFICER., PIN - 3 THE GENERAL MANAGER, KERALA STATE CONSTRUCTION CORPORATION LIMITED, VYTTILA, COCHIN., PIN - 682019
SRI. ARUN AJAY SHANKAR-GP, SRI. K.V. MANOJ KUMAR -SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

JUDGMENT

The petitioner is a registered PWD contractor. The 3 rd respondent invited tenders for construction of Sub Registrar Office at Triprayar in Thrissur District. The petitioner bid the auction. Subsequently, an agreement was executed for the same. The amount was fixed as Rs.97,79,363.57/-. According to the petitioner, in the agreement, GST calculation was absent. It is alleged that the petitioner commenced the work as per the agreement, completed the work within the time, and submitted bills for payment in time. The bills have been accepted by the 3rd respondent and effected the payment in part. It is further alleged that though in the agreement, GST is not included, all of a sudden when the bills were issued, the petitioner was directed to pay GST by the respondents. According to the petitioner, as per the rules and practice followed by the department, the respondent shall include applicable GST in addition to the value of the bill amount, while processing the bills for payment. It is for the department to add the applicable GST to the work while sanctioning the work and effecting payment of bills. After the work, the petitioner submitted the bill for the value of the work alone exclusive of GST expecting that the respondents would add applicable GST component to the ..3.. value of the bill and pay the value of the bill plus GST amount. However, the respondents did not include and add GST component to the bill and it disbursed the value of the work alone excluding GST while making the part payments. Since the GST amount was not paid to the petitioner while disbursing part bill amount, he submitted Ext.P6 representation before the respondents on 5/3/2024 seeking disbursement of GST amount due to the part bill already issued and also to pay the future bills along with GST amount. The limited prayer of the learned counsel for the petitioner is to give a direction to the 3rd respondent to dispose of Ext.P6.

2. Having heard the learned counsel for the petitioner and the

learned Government Pleader, this writ petition is disposed of with a direction to the 3rd respondent to consider and dispose of Ext.P6 in the light of Exts.P4 and P5, in accordance with law, within a period of four weeks from the date of receipt of a copy of this judgment. Sd/- DR. KAUSER EDAPPAGATH JUDGE APA ..4.. APPENDIX OF WP(C) 16658/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE AGREEMENT SCHEDULE FOR THE WORK OF SUB REGISTRAR OFFICE, TRIPRAYAR, THRISSUR DISTRICT IN THE NAME OF THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE AGREEMENT NO.CC/GM(E)/128/TCR/2020-21 DATED 26.06.2020. EXHIBIT P3 TRUE COPY OF THE BILLS (5 IN NUMBER). EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.90/2017/FIN. DATED 14.12.2017. EXHIBIT P5 TRUE COPY OF THE CIRCULAR NO. 18/2019/FIN. DATED 01.03.2019. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 05.03.2024. EXHIBIT P7 TRUE COPY OF THE POSTAL RECEIPT DATED 11.03.2024. EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGEMENT CARD RETURNED TO THE PETITIONER. EXHIBIT P9 TRUE COPY OF THE REMINDER SENT BY THE PETITIONER TO THE RESPONDENTS DATED 07.04.2024. EXHIBIT P10 TRUE COPY OF THE ACKNOWLEDGMENT CARDS.

Same Court & Year Kerala · 2024 Same Parties Baburaj, vs State of Kerala, Same Judge Honourable Dr. Justice Kauser Edappagath