IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 181 of 2011(W) -------------------------------- PETITIONER(S): ------------------- K. SHARAFUDEEN, S/O. KASIM KUNJU, ARABIA MANZIL, PEROOR CHERRY, KOTTAMKARA VILLAGE, KOLLAM - 691 005. BY ADV. SRI.N.VIMALAN RESPONDENT(S): --------------------- 1. THAHSILDAR (RR), TALUK OFFICE, KOLLAM - 691 013. 2. DISTRICT TREASURY OFFICER, CIVIL STATION, KOLLAM - 691 013. 3. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM - 691 013. R1 TO R3 BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.181 of 2011-W ---------------------------------------- Dated this the 13th day of January, 2011. J U D G M E N T The petitioner defaulted payment of certain amounts of tax due to the State Government. By virtue of the revenue recovery proceedings initiated, an immovable property belonging to the petitioner was sold in public auction. One Sri.Jalaludheen had purchased the property for an amount of Rs.3,41,000/-. The petitioner challenged the sale in a writ petition filed before this Court ,as O.P.No.29551 of 2002. Meanwhile, the issue was settled between the petitioner and Sri.Jalaludheen and the petitioner had paid the amount of Rs.3,41,000/- which was deposited by Sri.Jalaludheen directly to him. With respect of receipt of the amount, Sri.Jalaludheen had filed an affidavit in the above said writ petition. Further, the petitioner had cleared payment of the amounts due and a clearance certificate was obtained from the assessing authority as evidenced from Ext.P3. On the premise that the entire arrears was settled payment, and on W.P(C) No.181 of 2011-W 2 the premise that the petitioner had paid the purchase value to above said Sri.Jaludheen, the petitioner sought refund of the amount of Rs.3,41,000/- which was remitted by Sri.Jalaludheen towards purchase value of the property. Ext.P5 is the request submitted by the petitioner before the 1st respondent seeking refund of the said amount. Grievance of the petitioner is that eventhough such request was submitted as early as in July 2010, the 1st respondent has not taken any decision thereof nor had effected refund of such amount. Hence the petitioner seeks appropriate direction from this Court. 2. Heard the learned Government Pleader appearing for respondents. I am of the view that the writ petition can be disposed of directing the 1st respondent to consider and dispose of Ext.P5 request without any further delay. 3. Accordingly, the writ petition is disposed of directing the 1st respondent to consider Ext.P5 request and to take appropriate decision thereof, after affording an opportunity of hearing to the petitioner, as early as possible, W.P(C) No.181 of 2011-W 3 at any rate within a period of one month from the date of receipt of a copy of this judgment. If it is found that the petitioner is entitled for refund, effective steps shall be taken for refunding the amount without any further delay. C.K.ABDUL REHIM JUDGE ab