K.T.Kuruvila vs The Secretary To Government on 19 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5555 of 2009(L)


1. K.T.KURUVILA, AGED 65 YEARS,
                      ...  Petitioner

                        Vs



1. THE SECRETARY TO GOVERNMENT,
                       ...       Respondent

                For Petitioner  :SRI.K.RAMAKUMAR (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :19/03/2009

 O R D E R
                             S.SIRI JAGAN, J.

                      ==================

                        W.P(C).No.5555 of 2009

                      ==================

                 Dated this the 19th day of March, 2009

                             J U D G M E N T

The petitioner availed of the benefit of the Amnesty Scheme

declared by the Government for paying off abkari arrears due from the

petitioner for the year 1980-1981. He has paid some amount,

pursuant thereto. According to the petitioner, the same is in excess of

the amounts actually due. However, the respondent refuses to refund

the amount allegedly paid in excess. The petitioner filed Ext.P1 before

the Government styling it as an appeal against the order of the

Assistant Excise Commissioner dated 20.11.2008 in respect of the

petitioner’s claim. The petitioner seeks a direction to the respondent to

consider and pass orders on Ext.P1 expeditiously.

2. The learned Government Pleader submits before me that

no appeal lies against the order of the Assistant Excise Commissioner

before the Government. It is submitted that under Rule 11 of the

Kerala Abkari Shops Disposal Rules, 2002, certain powers are

conferred on the Commissioner of Excise. She further submits that in

respect of the order impugned, no appeal or revision will lie to the

Commissioner of Excise also or under Rule 12, which relates to sum

motu revision by the Government. I directed the Government Pleader

to ascertain as to whether the Government is prepared to consider

w.p.c.5555/09 2

Ext.P1 as a representation. In answer, the Government Pleader

submits that no amounts are due from the Government to the

petitioner by way of refund or otherwise in respect of the amounts paid

by the petitioner availing of the amnesty scheme as on the date of the

Government order. However, the Government Pleader submits that

Government has no objection in considering Ext.P1 as a representation

in this regard and to pass orders thereon. Accordingly, this writ

petition disposed of with the following directions:

The respondent shall consider Ext.P1 as a representation and

pass orders thereon as expeditiously as possible, at any rate, within

two months from the date of receipt of a certified copy of this

judgment after affording an opportunity of being heard to the

petitioner.

Sd/-

sdk+                                              S.SIRI JAGAN, JUDGE

          ///True copy///




                               P.A. to Judge