IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 W.P.(C).No. 20414 of 2008(E) PETITIONERS: 1. BIJU THOMAS, S/O.THOMAS KAKKANATTUPARAMBIL HOUSE KIZHAKKAMBU KARA, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM 2. MARY THOMAS, W/O.THOMAS,DO.DO. BY ADV. SRI.K.REGHU KOTTAPPURAM RESPONDENTS: 1. THE SECREETARY TO GOVT. TAXES (G) DEPARTMENT, STATE OF KERALA, THIRUVANANTHAPURAM 2. THE COMISSIONER OF EXCISE STATE OF KERALA, THIRUVANANTHAPURAM 3. THE ASSISTANT EXCISE COMMISSIONER PATHANAMTHITTA DIVISION PATHANAMTHITTA 4. THE CIRCLE INSPECTOR OF EXCISE EXCISE CIRCLE OFFICE,PATHANAMTHITTA 5. THE DISTRICT COLECTOR, ERNAKULAM DISTRICT, CIVIL STATION, ERNAKULAM 6. THE DEPUTY TAHSILDAR(RR), MUVATTUPUZHA, ERNAKULAM BY GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 20414 OF 2008 E ==================== Dated this the 15th day of July, 2008 J U D G M E N T Proceedings were initiated against the petitioner for realising the dues under the Abkari Act and interest. Ext.P5 is an order passed by this Court in a writ petition filed by the petitioner challenging the proceedings granting stay on condition that the petitioner remits Rs. 10 lakhs. According to the petitioner now that Amnesty Scheme has been announced by the Government of Kerala, he is entitled to the benefit of the said scheme and that his case is to be considered in the light of Clause 5 thereof. 2. In my view, if the petitioner has a claim that he is entitled to the benefit of the Amnesty Scheme, it is for the petitioner to urge his claim before the authorities concerned. Counsel for the petitioner submits that he has filed Ext.P11 dated 9/7/08, claiming the benefit of the Amnesty Scheme. 3. If as stated by the petitioner, an application dated 9/7/2008 WPC 20414/08 :2 : has been received, I have no doubt that the 3rd respondent or such other authority will not consider the same in accordance with the rules. Writ petition is disposed of with the above observations. ANTONY DOMINIC, JUDGE Rp