High Court Kerala High Court

M/S.Navin Oil Industries vs The Assistant … on 20 December, 2010

Kerala High Court
M/S.Navin Oil Industries vs The Assistant … on 20 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34285 of 2010(I)


1. M/S.NAVIN OIL INDUSTRIES,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT COMMISSIONER(ASSESSMENT)
                       ...       Respondent

2. DEPUTY COMMISSIONER

                For Petitioner  :SRI.V.V.ASOKAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :20/12/2010

 O R D E R
                 C.K. ABDUL REHIM, J
                 -------------------------------
               WP(C) NO. 34285 OF 2010
               -------------------------------------
         Dated this the 20th day of December, 2010


                         JUDGMENT

The petitioner is seeking specific directions to the

first respondent to effect refund of a sum of Rs.7,00,537/-,

along with interest due thereon, on the basis of Ext.P10

order. It is evident from Ext.P10 that, the revision

petition filed by the petitioner against Ext.P9 order of

refund was allowed and it was held that the petitioner is

eligible to get refund to the extent as stated above. It is

the case of the petitioner that the first respondent is not

giving effect to the revisional order, inspite of approaches

made in this regard, and inspite of lapse of several

months.

2. Heard, learned Government Pleader appearing

on behalf of respondents. In view of the facts prevailing

as stated above, I am of the view that the Writ Petition

can be disposed of directing the first respondent to take

effective steps for refund the amounts as ordered in

2
WP(C) No. 34285/2010

Ext.P10, along with statutory interest if any due, if

operation of the said order has not been stayed by any

authority.

3. Accordingly, the Writ Petition is disposed of

directing the first respondent to effect refund of the

amounts due under Ext.P10, along with statutory interest if

any payable, as early as possible, at any rate within a period

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

judgment.

C.K. ABDUL REHIM
JUDGE
dnc