IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 OP.No. 34407 of 2000(U) --------------------------------- PETITIONER(S): ----------------------- T.S.ARUMUGHAN, S/O LAGTE SANKARAN, RESIDING AT THAYYIL HOUSE, P.O. KANIMANGALAM, KANIMANGALAM VILLAGE, THRISSUR TALUK AND DISTRICT. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 2. THE SECRETARY, TAXES (C) DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, PALAKKAD. 4. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, AYYANTHOLE, TRICHUR. 5. THE REVENUE DIVISIONAL OFFICER, AYYANTHOLSE, TRICHUR. 6. THE TAHSILDAR (R.R), CHEMBOOKKAVU, TRICHUR. 7. THE TAHSILDAR, OFFICE OF THE TAHSILDAR, CHEMBOOKAVU, THRICHUR. BY GOVERNMENT PLEADER SRI. MANOJ KUMAR K.V.FOR R1 - R7 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 34407 of 2000(U) C.M.P. NO. 58807 OF 2000 IN O.P. NO. 34407 OF 2000 DISMISSED SD/- S.SIRI JAGAN, JUDGE 12.1.2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF ORDER DATED 24.2.1999 ISSUED BY THE 5TH RESPONDENT. EXT.P2 - TRUE COPY OF THE GOVERNMENT ORDER GO(0) NO. 88/2000 DATED 02.06.2000. EXT.P3 - TRUE COPY OF THE REPRESENTATION DATED 14/7/2000 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4 - TRUE COPY OF THE ORDER DATED 01.08.2000 PASSED BY THE 2ND RESPONDENT. EXT.P5 - TRUE COPY OF THE REPRESENTATION DATED 28/8/2000 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6 - TRUE COPY OF THE JUDGMENT DATED 31.08.2000 IN O.P.25248/2000. EXT.P7 - TRUE COPY OF THE REPRESENTATION DATED 15/11/2000 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P8 - TRUE COPY OF THE ORDER DATED 20.11.2000 PASSED BY THE 2ND RESPONDENT. EXT.P9 - TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 6TH RESPONDENT UNDER SECTION 49(2) OF THE REVENUE RECOVERY ACT. // TRUE COPY // PA TO JUDGE rhs S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 34407 of 2000 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2009 J U D G M E N T The petitioner has filed this original petition seeking the following reliefs: “(i) Call for the records leading to Exhibit P-9 R.R. notice issued by the 6th respondent and quash the same by the issue of a writ of certiorari; (ii) Call for the records leading to Exhibit P-8 Order passed by the 2nd respondent and quash the same by the issue of a writ of certiorari; (iii) Declare that the Abkari dues of the petitioner to the Government under R.R. proceedings No.RR1 - 1102/91 has been extinguished by the purchase by the Government of 94 cents of land situated in R.S.No.6 (old Sy. No. 17) of Peramangalam Village, Trichur District belonging to the petitioner, confirmation of the sale in favour of the Government, taking over possession by the Government, auctioning usufructus in the property thereafter by the Government and appropriating the proceeds from the auction to the exchequer of the Government. (iv) Issue a writ of mandamus, directing the respondents 1 to 6 to grant a further period of 6 months to the petitioner to pay off the amounts due to the Government in terms of Exhibit P-4 and P-8. (v) Issue a writ of mandamus directing respondents 1 to 7 to return the 94 cents of land situated in R.S. No. 6 (old Sy. No. 17) of Peramangalam Village, Trichur District belonging to the petitioner, which has been purchased by the Government in auction under R.R. proceedings towards the Abkari dues of the petitioner under No.RR1 - 1102/91, accepting payment by the petitioner.” 2. However, for the present the petitioner would be satisfied with O.P. No. 34407 of 2000 - 2 - a direction to the Secretary of the Taxes Department, Government of Kerala to dispose of Ext.P10 submitted by the petitioner expeditiously. The learned Government Pleader submits that for consideration of Ext.P10, the petitioner is liable to pay the amounts as provided under the amnesty scheme for benefits under which the same is filed. If the petitioner has paid the required amount for consideration of Ext.P10 and complied with all other formalities envisaged by the scheme, the Secretary, Taxes Department shall consider Ext.P10 application submitted by the petitioner and pass appropriate orders thereon, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The original petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs