IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 25217 of 2008(B) --------------------------------------- PETITIONER: ------------------- SABU JOSEPH, AGED 41 YEARS, S/O. P.T. JOSEPH, MANALOOR HOUSE, ATTACHAKKAL P.O., KONNI, PATHANAMTHITTA DISTRICT. BY ADV. MR.ALIAS M.CHERIAN. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, PATHANAMTHITTA. 3. BLOCK DEVELOPMENT OFFICER, KONNI, PATHANAMTHITTA. 4. EXECUTIVE ENGINEER, LAND DIVISION, DISTRICT PANCHAYAT PATHANAMTHITTA. R1 TO R3 BY GOVT. PLEADER MR. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25217/2008: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. 820/05/DPO/PTO (17) DTD. 25/08/2005. EXT.P.2: COPY OF THE ORDER NO. 696/05 DTD. 28/12/2005. EXT.P.3: COPY OF THE MINUTES OF THE MEETING DTD. 16/01/2006. EXT.P.4: COPY OF THE AGREEMENT NO. 34/05 DTD. 28/01/2006. EXT.P.5: COPY OF THE COMMUNICATION NO. B.761/05 DTD. 12/07/2006. EXT.P.6: COPY OF THE CONTRACT BILL DTD. 25/06/2006. EXT.P.7: COPY OF THE LETTER DTD. 05/03/2007. EXT.P.8: COPY OF THE MINUTES OF THE MEETING HELD ON 12/03/2007. EXT.P.9: COPY OF THE FRESH AGREEMENT DTD. 09/03/2007. EXT.P.10: COPY OF THE WORK COMPLETION REPORT DTD. 19/10/2007. EXT.P.11: COPY OF THE SCHEDULE OF INSPECTION OF THE WORK DTD. 19/10/2007. EXT.P.12: COPY OF THE FINAL BILL DTD. 23/10/2007. EXT.P.13: COPY OF THE PROCEEDINGS OF THE R.2/DISTRICT COLLECTOR. EXT.P.14: COPY OF THE GOVERNMENT ORDER (P) NO.124/07/FIN. DTD. 21/03/2007. EXT.P.15: COPY OF THE ESTIMATE ISSUED IN SIMILAR CASES BY THE ASSISTANT EXECUTIVE ENGINEER. EXT.P.16: COPY OF THE REPRESENTATION DTD. 24/01/2009 GIVEN TO THE R.1. EXT.P.17: COPY OF THE REPRESENTATION DTD. 24/01/2009 GIVEN TO THE SECRETARY. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. V.GIRI, J ------------------- W.P.(C).25217/2008 -------------------- Dated this the 29th day of July, 2009 JUDGMENT Petitioner, who entered into a contract with the respondents for a work pursuant to Ext.P1, has completed the work. Sales tax has been deducted at the time of passing the final bill. This has been objected to by the petitioner. Petitioner has again approached the Government vide Ext.P16 seeking disbursal of the amount which has also been deducted by way of sales tax. Ext.P16 shall be considered by the 1st respondent after notice to the petitioner and an appropriate decision taken within six weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs