IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 30183 of 2010(W) -------------------------- PETITIONER : -------------------- C.CHANDRA BABU, S/O. CHANDRASEKHARAN, KOCHUPUTHUVAL VEEDU, POONTHURA, THIRUVANANTHAPURAM. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. EXCISE COMMISSIONER, OFFICE OF THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM-1. 3. EXCISE DEPUTY COMMISSIONER, OFFICE OF THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM-1. 4. ASST. EXCISE COMMISSIONER, OFFICE OF THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM-1. R1 TO R4 BY GOVT. PLEADER SRI. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 30183 of 2010(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE RECEIPT DATED 08.05.2009 SHOWING REMITTANCE OF AN AMOUNT OF RS. 1,20,260/-. EXT.P1(a) : COPY OF THE RECEIPT DATED 08.06.2009 SHOWING REMITTANCE OF AN AMOUNT OF RS. 1,20,250/-. EXT.P2 : COPY OF THE GOVERNMENT ORDER DATED 06.08.2009 AND NUMBERED AS G.O.(MS) NO. 144/09/TD ISSUED BY THE 1ST RESPONDENT. EXT.P3 : COPY OF THE APPLICATION DATED 03.12.2009 MADE BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P4 : COPY OF THE LETTER DATED 30.12.2009 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P5 : COPY OF THE REPRESENTATION DATED 09.05.2010 SUBMITTED BY THE PETITIONER TO THE GOVERNMENT. EXT.P6 : COPY OF THE REPRESENTATION DATED 19.06.2010 SUBMITTED BY THE PETITIONER TO THE GOVERNMENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.30183 OF 2010 ------------------------------- DATED THIS THE 5TH DAY OF AUGUST, 2011 JUDGMENT Heard the learned counsel for the petitioner and the learned Government Pleader. 2. This writ petition is filed for a direction directing the respondents to accept the remaining two instalments due from the petitioner under the Amnesty Scheme and close his arrears. 3. The petitioner, who is a defaulter of abkari arrears, submitted an application in June, 2008 for availing the benefit of Amnesty Scheme declared by the Government of Kerala. The petitioner was allowed to clear the arrears by remitting 100% of principal amount namely, `4,81,010/-. But the petitioner did not remit the arrears. Subsequently, he submitted an application on 30/3/2009 requesting to permit him to remit the arrears under the Amnesty Scheme. The authorities again allowed the petitioner to opt the scheme. The petitioner remitted two instalments as per -2- W.P.(C).No.30183/2010 chalan dated 8/5/2008 and 8/6/2009. But he did not pay the balance two instalments as per the scheme. The original expiry date of the scheme was 30/9/2009. Subsequently it was extended till 31/3/2011. The petitioner submitted Ext.P3 application on 3/12/2009 seeking permission to pay the amount within the extended period. Ext.P4 order was passed by the Deputy Commissioner of Excise (3rd respondent) stating that petitioner is free to remit the two instalments within the extended period of the scheme. Ext.P3 application was submitted on 3/12/2009 and Ext.P4 order was passed on 30/12/2009. 4. The learned counsel for the petitioner submits that Exts.P5 and P6 representations requesting to extend the benefit of Amnesty Scheme are pending consideration before the Government. The Scheme was formulated in 2009 and was extended till 31/3/2011. In these circumstances, this Court direct the 2nd respondent-Excise Commissioner to consider and dispose of -3- W.P.(C).No.30183/2010 Exts.P5 and P6 representations, within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall produce copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance. HARUN-UL-RASHID, Judge. kcv.