M/S.Om Sakthi Contruction v. The Divisional Engineer(H),
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 08.12.2023
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY and WMP.No.13392 of 2023 M/s.Om Sakthi Construction, Rep. by its Parnter Mr.V.Kannan, No.1, Udayar Street, Thollamur Village, Earaiyur Post, Vanur Taluk, Villupuram District, Pincode-604 304.
...
Petitioner ...Vs...
1. The Divisional Engineer (H), Highways Department, (C & M) Trichy Main Road, Villupuram-605 602.
2. The Joint/Additional Commissioner, GST & Central Exercise, Chennai Outer Commissionerate, Newry Towers, Second Avenue, 12th Main Road, Anna Nagar, Chennai-600040. ...
Respondents Prayer : Writ petitions filed under Article 226 of the Constitution of 1/4
India to issue a Writ of Mandamus directing the first Respondent to pay the GST to the petitioner in respect of the works Widening, Improvements, CC Pavement & Construction of culvert to the Government Roads in Vanur (H) C & M, Sub Division (Package-24), as per G.O.Ms.No.296, Finance (Salaries) Department, dated 09.10.2017 by considering the petitioner's representation dated 19.01.2023 within time frame.
For Petitioner : Mr.D.Senthikumar For Respondents : Mr.S.Ravikumar (R1) Special Government Pleader Mr.A.P.Srinivas (R2) Senior Standing Counsel
O R D E R
This writ petition has been filed seeking direction to the 1st Respondent to pay the GST to the petitioner in respect of the works Widening, Improvements, CC Pavement & Construction of culvert to the Government Roads in Vanur (H) C & M, Sub Division (Package-24), as per G.O.Ms.No.296, Finance (Salaries) Department, dated 09.10.2017 by considering the petitioner's representation dated 19.01.2023. 2/4
2. Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the 1st Respondent submitted that they are ready to pay the GST to the Petitioner subject to the furnishing of break-up details by the Petitioner to the 1st RespondentDepartment.
3. In reply, the learned counsel appearing for the Petitioner submitted that they will furnish the break-up details to the Department forthwith.
4.Considering the submissions made by the learned counsel appearing on either side, the Petitioner is directed to furnish break-up details to the Department forthwith and on receipt of the same, the 1st Respondent is directed to pass orders on the representation of the Petitioner dated 19.01.2023, on merits and in accordance with law, taking into consideration the break-up details furnished by the Petitioner, within a period of four weeks from the date of receipt of a copy of this order.
3/4
KRISHNAN RAMASAMY.J., arr With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 08.12.2023 (2/3) Speaking/Non-speaking order Index : Yes / No arr To
1. The Divisional Engineer (H), Highways Department, (C & M) Trichy Main Road, Villupuram-605 602.
2. The Joint/Additional Commissioner, GST & Central Exercise, Chennai Outer Commissionerate, Newry Towers, Second Avenue, 12th Main Road, Anna Nagar, Chennai-600040.
4/4
27.11.2023 (2/2) 5/4