IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2475 of 2010(H)
1. THE MALABAR PRODUCE EXPORT CO.
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. THE DISTRICT COLLECTOR
3. THE ASST,. COMMISSIONER (ASSMET) V
4. TAHASILDAR, KOZHIKODE.
5. THE DEPUTY TAHASILDAR
For Petitioner :SRI.PHILIP ANTONY CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :20/05/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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WP(C) NO. 2475 OF 2010
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Dated this the 20th day of May, 2010
JUDGMENT
The petitioner has approached this Court with the following prayers:
(a) To issue a writ of mandamus or any other
appropriate writ, order or direction, directing the respondents to
return back Rs.37,500/- (Rupees Thirty seven thousand and five
hundred only) collected from the petitioner, with interest at 18%
per annum from 26.07.1978 to till the date of payment and also
the amount ordered to be refunded as per the order dated
16.01.1986 in T.A. No.176/77 and 177/77 by the Sales Tax
Appellate Tribunal, Additional Bench, Kozhikode with 18%
interest from 16.01.1986 to till the date of payment forthwith or
within a time limit fixed by this Hon’ble Court.
(b) To issue appropriate writ, order or direction,
declaring that the petitioner is entitled to get back Rs.37,500/-
(Rupees Thirty seven thousand and five hundred only) collected
from the petitioner, with interest at 18% per annum from
26.07.1978 to till the date of payment and also the amount
ordered to be refunded as per the order dated 16.01.1986 in T.A.
No.176/77 and 177/77 by the Sales Tax Appellate Tribunal,
Additional Bench, Kozhikode with 18% interest from 16.01.1986
to till the date of payment from the respondents forthwith or
within a time limit fixed by this Hon’ble Court.
(C) To issue a writ of mandamus or any other
appropriate writ, order or direction, directing the respondents to
comply with the Ext.P2 and P8 judgments by this Hon’ble Court
in the letter and spirit and to direct the respondents to pay back
Rs.37,500/- (Rupees Thirty seven thousand and five hundred
only) collected from the petitioner, with interest at 18% per
annum from 26.07.1978 to till the date of payment and also the
amount ordered to be refunded as per the order dated
16.01.1986 in T.A. No.176/77 and 177/77 by the Sales Tax
Appellate Tribunal, Additional Bench, Kozhikode with 18%
interest from 16.01.1986 to till the date of payment.
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WP(C) No. 2475/2010
(d) To pass such other orders or directions this Hon’ble
Court may be deem fit and proper to grant, in the circumstances
of the case.
(e) To award the costs of the petitioner from the
respondents.
2. Heard both the sides. It is seen that the basic prayer is with
regard to the claim for refund. It is also pointed out that Ext.P11/P11 (a) are
pending before the 3rd and 4th respondents.
3. In the above circumstance, the 3rd respondent is directed to
consider Ext.P11/P11 (a) in accordance with law, after giving an
opportunity of hearing to the petitioner and appropriate orders shall be
passed thereon, as expeditiously as possible, at any rate, within three
months from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of accordingly.
P.R.RAMACHANDRA MENON
JUDGE
dnc