JUDGMENT

Dated this the 17th day of January, 2022 The petitioner, who is a registered Government Contractor carrying out contract works of the Kerala Water Authority, has filed this writ petition seeking to command the respondents to comply with the direction in Ext.P3 Circular.

2. The petitioner submits that he has quoted for the tender for the Deposit work of Thiruvananthapuram Corporation-Project No.SO 164/19-Replacement of old existing 110mm AC pipes with 110mm PVC at Karithode line and Kaduvetti line in Kanjirampara ward. An agreement was entered into between the 2nd respondent and the petitioner on

21.02.2019. The work was completed on 10.07.2019.

3. The petitioner states that at the time of signing the agreement, GST was in effect but there was no provision for GST in the agreement. The Kerala Water Authority issued a Circular. It says that GST amount paid by the petitioner and similarly situated persons should be reimbursed. However, the respondents did not take any action to reimburse the amount paid by the petitioner towards GST. In the circumstances, the respondents are compellable to calculate the GST amount due to the petitioner and disburse the same.

4. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.

5. The learned Standing Counsel for the respondents submitted that the petitioner’s contract is covered by Ext.P3 Circular. Going through the pleadings in the writ petition, it is seen that the petitioner has approached the 2nd respondent filing Ext.P4 representation for redressal of grievances relating to GST reimbursement. Therefore, this Court finds that no adjudication is needed in this writ petition at this point of time. The writ petition can be disposed of directing the 2nd respondent to consider Ext.P4 representation submitted by the petitioner within a stipulated time.

In the circumstances, the writ petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on Ext.P4 representation filed by the petitioner within a period of two months.

Sd/- N. NAGARESH JUDGE SR APPENDIX OF WP(C) 28115/2021 PETITIONER'S EXHIBITS:

Exhibit P1 TRUE PHOTOCOPY OF THE AGREEMENT DATED

21.02.2019 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT.

Exhibit P2 TRUE PHOTOCOPY OF THE LETTER DATED

07.04.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P3 TRUE PHOTOCOPY OF THE CIRCULAR NO.

GST/002/17 DATED 10.08.2018 ISSUED BY THE 1ST RESPONDENT.

Exhibit P4 TRUE PHOTOCOPY OF THE LETTER DATED

10.03.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

SR //TRUE COPY// PA TO JUDGE