IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 14565 of 2008(H) -------------------------- PETITIONER: ----------------- M/S.PHOENIX PLYWOODS PVT.LTD, ERAYILKADAVU, KOTTAYAM REPRESENTED BY ITS MANAGING DIRECTOR, VARGHESE PAUL. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: ---------------------- 1. THE DISTRICT COLLECTOR,KOTTAYAM. 2. THE TAHSILDAR (REVENUE RECOVERY), KOTTAYAM. 3. THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, SPECIAL CIRCLE,KOTTAYAM. BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 14565 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2008 JUDGMENT Petitioner is a defaulter under the Kerala General Sales Tax Act. However, according to the petitioner, petitioner has preferred Ext.P7 application in terms of Ext.P6 Circular being desirous of claiming the benefit of Amnesty Scheme. In the meantime, it is pointed out that recovery proceedings have been taken resulting in the property of the petitioner being attached and what is more it is proclaimed for sale. It is the case of the petitioner that when an application has been filed, a decision has to be taken on the same within fifteen days time and the amount to be paid by the petitioner must be intimated to the petitioner. This has not been done, is the complaint of the petitioner. In the meantime, for recovery of the amount, the property has been proclaimed for sale. 2. Heard learned Government Pleader also. The learned Government Pleader does not have a case that the application of the petitioner should not be processed. In such circumstances, the writ petition is disposed of as follows: WPC.14565/2008. 2 There will be a direction to the third respondent to consider and take a decision on Ext.P7 in accordance with law. The amount to be paid by the petitioner in terms of the scheme shall be intimated to the petitioner within one month from the date of receipt of a copy of this judgment. Thereafter, it is for the petitioner to pay the amount as per the same. Proceedings shall be kept in abeyance for a period of six weeks and thereafter if the petitioner complies with the terms of the Scheme, proceedings shall continue to be kept in abeyance. (K.M. JOSEPH, JUDGE) sb