IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 35497 of 2007(A) ------------------------------------- PETITIONER: ------------------- T.V.LOUIS, THIRUTHANATTIL HOUSE, MANJAPPARA, ERNAKULAM - 683 587. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DEPUTY TAHSILDAR (R.R), TALUK OFFICE, ALUVA. 3. VILLAGE OFFICER, VILLAGE OFFICE, MANJAPPARA. 4. THE ASSISTANT EXCISE COMMISSIONER, ERNAKULAM. 5. THE SECRETARY, TAXES (A) DEPARTMENT, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.35497 of 2007 ================================== Dated this the 8th day of February, 2008. JUDGMENT Petitioner seeks a direction that the Government may extend an amnesty scheme. The bunch of materials in this case would show that the petitioner had been repeatedly litigating and avoiding payment of abkari dues and he ultimately disobeyed Ext.R4(a) judgment where the visitorial jurisdiction of this Court was refused to be extended regarding payment of interest, also noticing that the conduct of the petitioner in transferring the property of his wife cannot be lightly disregarded as a normal action on the part of a bonafide citizen. In so far as legal rights are concerned, all questions are concluded by Ext.R4(a) on principle of res judicata, including constructive res judicata. In so far as any claim by way of adjudication is concerned, in my view, WPC35497/2007 -:2:- the petitioner is clearly concluded by Ext.R4(a) judgment, even if the Government may be benevolent under the amnesty scheme. But, no directions could be issued by this Court to direct the Government to extend the amnesty scheme to the petitioner. Writ petition fails. The same is hence dismissed. Thottathil B.Radhakrishnan, Judge. sl.