IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 38015 of 2010(B) ---------------------------------- PETITIONER(S): ------------------- 1. K.V.UNNIKRISHNAN,AGED 71 YEARS, S/O.VELAYUDHAN,KUTTIPARAMBIL THEKKETHIL , MAHADEVICAUD PO, KARTHIKAPALLY,ALAPPUZHA DISTRICT. 2. A.T.MANI,W/O.K.V.UNNIKRISHNAN, KUTTIPARAMBIL THEKKETHIL ,MAHADEVICAUD PO, KARTHIKAPALLY,ALAPPUZHA DISTRICT. BY ADVS. SRI.SUMAN CHAKRAVARTHY SRI.SANDEEP T.GEORGE RESPONDENT(S): --------------------- 1. THE GOVT. OF KERALA,REP.BY ITS SECRETARY DEEPT. OF EXCISE,GOVT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM - 695 001. 3. THE DEPUTY EXCISE COMMISSIONER, ALAPPUZHA - 688 001. 4. THE TAHASILDAR, KARTHIKAPALLY - 688 531. 5. THE VILLAGE OFFICER, KARTHIKAPALLY - 688 531. R1 TO R5 BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.N.RAVINDRAN, J. ------------------------------- W.P.(C).No.38015 of 2010 ------------------------------- Dated this the 23rd day of December, 2010. J U D G M E N T The petitioners are husband and wife. The first petitioner had offered his property as security to three persons who were licence holders of toddy shops numbers 1 to 40 of Chengannur Excise Range, during the period 1997-98. For recovering the abkari dues, respondents 4 and 5 have initiated revenue recovery proceedings against the first petitioner, under the provisions of the Kerala Revenue Recovery Act, 1968. An item of property belonging to the first petitioner, was attached and brought to sale on 7.12.2010. The sale did not however take place on 7.12.2010 for want of bidders and the sale stands adjourned to 24.12.2010. The Government of Kerala had in the meanwhile, issued Ext.P2 order, introducing an Amnesty Scheme to enable abkari defaulters to clear off the dues. Under the said scheme, the abkari defaulters had to submit their applications before 30.7.2008. Thereafter, Ext.P3 Government order dated 6.8.2009 was issued, extending the validity of the Amnesty Scheme upto 2 W.P.(C).No.38015 of 2010 30.9.2009. Later, by Ext.P4 Government order dated 12.11.2010, the Government extended the validity of the scheme upto 31.3.2011. The second petitioner thereupon submitted Ext.P5 representation dated 26.11.2010 before the Deputy Excise Commissioner, Alappuzha, seeking the benefit of Ext.P2 scheme. In this writ petition, the petitioners seek a direction to the respondents to keep in abeyance the revenue recovery proceedings initiated against them, till a decision is taken on Ext.P5 by the third respondent. 2. When this writ petition came up for hearing, on 21.12.2010, this Court directed the learned Government Pleader to get instructions, as to whether Ext.P5 application has been received and is pending. When the writ petition came up for hearing today, Smt.K.R.Deepa, learned Government Pleader submitted on instructions from the third respondent that, Ext.P5 application has been received and is pending. In the light of the fact that the second petitioner has moved the competent authority claiming the benefit of Ext.P2 Government order, by which an Amnesty Scheme has been introduced to enable abkari defaulters 3 W.P.(C).No.38015 of 2010 to pay off their dues and as the second petitioner has submitted Ext.P5 representation in time, I am of the opinion that, the fourth and the fifth respondents should stay their hands till the competent authority takes a decision thereon. 3. I accordingly, dispose of this writ petition, with a direction to the competent authority among the respondents to examine the request in Ext.P5. In the light of Exts.P2 to P4 Government orders and take an appropriate decision thereon expeditiously and in any event within two months from the date on which the petitioners produce or the third respondent receives a copy of this judgment. The third respondent shall after a decision is taken in the matter, move the Commissioner of Excise for confirmation. Till the Commissioner of Excise takes a decision in the matter, the sale of property pursuant to Ext.P1 sale notice shall stand deferred. P.N.RAVINDRAN, Judge. ami/