IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5297 of 2010(J)
1. P.K.BALACHANDRAN, S/O.KOCHUKRISHNAN,
... Petitioner
2. P.SASIDHARAN,S/O.RAGHAVAN NAIR,
3. T.P.SALIM,S/O.PUSHPANGADAN,
Vs
1. THE DEPUTY EXCISE COMMISSIONR,
... Respondent
2. THE EXCISE COMMISSIONER, COMMISSIONERATE
3. THE TAHSILDAR,KODUNGALLUR.
4. THE TAHSILDAR, THALAPPALLY.
5. THE TAHSILDAR, PALAKKAD.
6. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.T.A.SHAJI
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/02/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.5297 OF 2010 (T)
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Dated this the 18th day of February, 2010
J U D G M E N T
Prayer in this writ petition is to direct the respondents to
refund an amount of Rs.55,78,131/- to the petitioners. According
to the petitioners consequent on Ext.P1 judgment of the Apex
Court, the aforesaid amount paid by them towards rental for the
year when they were the licensees, has become excess and is
liable to be refunded. With the aforesaid prayer, relying on the
Apex Court order, a copy of which is Ext.P1, the petitioners have
submitted Ext.P2 representation to the first respondent.
2. In view of the pendency of Ext.P2 it is directed that the first
respondent shall consider the said representation and pass orders
thereon. This shall be done as expeditiously as possible and at any
rate within 6 weeks from the date of production of a copy of this
judgment. On examination of Ext.P2, if it is found that any amount
is repayable, necessary order regarding the coercive action already
initiated against the petitioners and for return of documents if any
available with the respondents will be passed.
WPC.No. 5297/2010
:2 :
Petitioner shall file a copy of this judgment along with a copy
of the writ petition before the first respondent for compliance.
(ANTONY DOMINIC)
JUDGE
vi/