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JULIE CHRISTY, PROPRIETRIX versus THE EXECUTIVE ENGINEER, P.H.DIVISION

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JULIE CHRISTY, PROPRIETRIX v. THE EXECUTIVE ENGINEER, P.H.DIVISION - WP(C) No. 15894 of 2003(P) [2007] RD-KL 16906 (7 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 15894 of 2003(P)

1. JULIE CHRISTY, PROPRIETRIX,
... Petitioner

Vs

1. THE EXECUTIVE ENGINEER, P.H.DIVISION,
... Respondent

2. THE SALES TAX OFFICER, WORKS

For Petitioner :SRI.S.SANTHOSH KUMAR

For Respondent :SRI.THOMAS MATHEW NELLIMOOTTIL,SC,KWA

The Hon'ble the Chief Justice MR.H.L.DATTU The Hon'ble MR. Justice K.T.SANKARAN

Dated :07/09/2007

O R D E R

H.L. DATTU, C.J. & K.T. SANKARAN, J.

................................................................................... W.P.(C) No. 15894 OF 2003 ...................................................................................

Dated this the 7th September , 2007



J U D G M E N T

H.L. Dattu, C.J.: The petitioner is a contractor with the first respondent-Kerala Water Authority. The petitioner undertakes the works of water-supply, design and erection of treatment plants etc. In this petition filed under Article 226 of the Constitution of India, the petitioner has made several prayers. However, at the time of hearing of this Writ Petition, the learned counsel for the petitioner confines this Writ Petition only to prayer No.3. The said prayer reads as under:

"iii) Issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to release to the petitioner Rs. 2,53,286/- which was deducted from the part payments effected and kept as sales tax deposit with the 1st respondent".

2. The learned counsel for the Kerala Water Authority would submit that in case the petitioner produces the certificate of Registration indicating that the petitioner is a registered dealer under the provisions of the Kerala General Sales Tax Act, the Water Authority would consider the claim of the petitioner for release of the amount, which was deducted from the part payments effected to the petitioner.

3. In our opinion, the submission made by the learned counsel for the respondent-Kerala Water Authority requires to be accepted and it is accepted. Accordingly, the following: W.P.(C) No. 15894 OF 2003 2

O R D E R



i) The Writ Petition is disposed of. ii) The petitioner now shall produce before the first respondent- Kerala Water Authority, the certificate of registration indicating that he is a registered dealer under the provisions of the Kerala General Sales Tax Act. If such a certificate is produced, the first respondent would consider the claim of the petitioner and pass appropriate orders in accordance with law. iii) Pending Interlocutory Application is also disposed of. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE. K.T. SANKARAN,

JUDGE.

lk W.P.(C) No. 15894 OF 2003 3 H.L. DATTU, C.J.&

K.T. SANKARAN, J.

........................................................ W.P.(C )No. 15894 OF 2003 .........................................................

Dated this the 7th September, 2007



J U D G M E N T


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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