High Court Kerala High Court

K.T.Pavoo vs Commercial Tax Officer on 25 September, 2008

Kerala High Court
K.T.Pavoo vs Commercial Tax Officer on 25 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26197 of 2008(R)


1. K.T.PAVOO, S/O. LATE K.T.THAVOO
                      ...  Petitioner
2. THOMAS.P.JACOB,S/O.PANAKKAL JACOB

                        Vs



1. COMMERCIAL TAX OFFICER
                       ...       Respondent

2. THE TAHSILDAR

3. THE DISTRICT COLLECTOR

                For Petitioner  :DR.K.B.MUHAMED KUTTY (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :25/09/2008

 O R D E R
                                   K.M.JOSEPH, J.
                        - - - - - - - - - - - - - - - - - - - - - - - - -
                            WP.(C) No.26197 of 2008
                        - - - - - - - - - - - - - - - - - - - - - - - - -
                     Dated this the 25th day of September, 2008

                                      JUDGMENT

The first petitioner is a defaulter under the KGST Act. The

second petitioner purchased property from the first petitioner. There were

recovery proceedings and the second petitioner filed W.P.(C) No.26594 of

2007. This court granted stay of further proceedings against sale of the

second petitioner’s property on condition that he remits Rs.Two Lakhs and

the assessing authority was directed to file a detailed statement. In the

meantime Government of Kerala introduced Amnesty Scheme and the first

petitioner applied and got the benefit of the Amnesty Scheme. By Ext.P4,

petitioner has been called upon to pay the arrears under the Amnesty

Scheme in a total sum of Rs.2,09,418/-. Therefore, petitioners pray for a

direction to the first respondent to adjust the payment made by the second

petitioner as per Ext.P2 receipt towards the amount payable as per the

Amnesty Scheme as per Ext.P4 and to direct the second respondent to

forward the amount covered by Ext.P2 to the first respondent without

collecting any collection charges so as to enable the first respondent to

credit the same towards the amount payable under the Amnesty Scheme and

to direct the first respondent to receive the balance payment to be paid by

WPC.26197/2008. 2

the first petitioner after adjusting the amount paid in instalment and to

direct the first respondent to withdraw the revenue recovery proceedings.

2. I heard Dr.K.B.Mohamed Kutty, learned Senior Counsel

appearing on behalf of the petitioners and also the learned Government

Pleader.

3. The Government Pleader would point out that the second

petitioner secured an interim order of stay on condition of payment of

Rs.Two Lakhs, which lies in the revenue account, and if the petitioners pay

the amount as contemplated under the Scheme, the amount can be refunded

to the second petitioner.

4. The Scheme contemplates payment of the amount by the

defaulter. It may not be open to me to direct adjustment of the same from

the amount paid by the second petitioner in the other writ petition.

Accordingly, the writ petition praying for adjustment of

Rs.Two Lakhs may not lie and the same is rejected.

(K.M. JOSEPH, JUDGE)

sb