Jinos.P.K. vs Tahsildar on 13 August, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25584 of 2010(W)


1. JINOS.P.K., AGED 31 YEARS,
                      ...  Petitioner

                        Vs



1. TAHSILDAR, REVENUE RECOVERY,
                       ...       Respondent

2. COMMERCIAL TAX OFFICER,

                For Petitioner  :SRI.C.KHALID

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :13/08/2010

 O R D E R
                    P.R.RAMACHANDRA MENON, J
                  ---------------------------
                      W.P(C) No. 25584 of 2010-W
                  ----------------------------
               Dated this the 13th day of August, 2010.

                             J U D G M E N T

The petitioner has approached this Court with the following

prayers:

i) to issue writ of mandamus or any other appropriate
writ or direction, directing the respondents to refrain from
arresting the petitioner as per Exts.P5 and P6 and quash the
same;

underii) to quash Ext.P9, intimation of payment of arrears
the Amnesty of Scheme 2008-2009;

Rs.14,042/-to(Rupees fourteen thousand and forty two only)

iii) grant 6 instalment for the payment of balance of

after deducting the high interest;

iv) to pass an interim order staying Exts.P5 and P6 and
P9 till disposal of Writ Petition; and

deemed justto

v) grant such other reliefs as this Hon’ble Court may
and proper.”

2. The learned counsel for the petitioner submits that, the

amount shown in Exts.P5 and P6 have been reproduced quite in a

mechanical manner in Ext.P9, inspite of the fact that the petitioner

has already effected payments, as borne by Exts.P7 and P10, which

have been not been given credit to. Various other contentions have

also been raised, with regard to the sustainability of the

W.P(C) No. 25584 of 2010-W 2

proceedings.

3. Heard the learned Government Pleader, who brought it to

the notice of this Court, that the ‘amnesty scheme’ is very much

available till 30.9.2010 and that if the petitioner files a fresh

application for availing the benefit of the said scheme, the same will

be considered and appropriate orders will be passed.

4. In the above circumstances, the petitioner is at liberty to

approach the second respondent/concerned authority, by filing a

proper application, for extending the benefit of the Scheme 2010-

2011, on which event, the same shall be considered and appropriate

orders shall be passed, as expeditiously as possible, at any rate

within ‘two weeks’ from the date of receipt of the application. The

revenue recovery proceedings stated as pursued against the

petitioner shall be kept in abeyance for the time being; which will be

subject to the outcome of the decision to be taken by the second

respondent as aforesaid.

The Writ Petition is disposed of.

Sd/-

                                P.R.RAMACHANDRA MENON
                                         JUDGE

ab                       //True Copy//