IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 2470 of 2010(G) ------------------------- PETITIONER(S): --------------- 1. K.P.SAMBASIVAN, PLAMPARAMPIL HOUSE, NADUVILEMURI, NEDUMPURAM VILLAGE, P.O.PODIYADI, THIRUVALLA. 2. SARADA SAMBASIVAN, W/O.SAMBASIVAN PLAMPARAMPIL HOUSE, NADUVILEMURI, NEDUMPURAM VILLAGE, P.O.PODIYADI, THIRUVALLA. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. EXCISE COMMISSIONER, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ASSISTANT EXCISE COMMISSIONER OFFICE OF THE ASSISTANT EXCISE COMMISSIONER PATHANAMTHITTA. 3. DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 4. TAHSILDAR, TALUK OFFICE, THIRUVALLA. BY GP K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No. 2470 of 2010 -------------------------- Dated, this the 28th day of January, 2010 JUDGMENT 1. Petitioners were the licensees of toddy shop Nos. 1 to 31 of Thiruvalla Excise Range during the Abkari Year 2000-01. Default was committed and the security deposit was forfeited. Recovery proceedings were initiated and a portion of the land was also recovered. This is in addition to amounts remitted towards kist. While so, an Amnesty Scheme was announced, the period of which has been extended by Ext.P4 Government Order, till 31.3.2010. In order to avail of the benefit of the Amnesty Scheme, petitioner made Ext.P2 application before the 2nd respondent and orders are yet to be passed thereon. 2. In the meanwhile, revenue recovery proceedings are being continued. It is stated that Ext.P8 auction notice was issued informing that the immovable property belonging to the petitioners is scheduled to be auctioned on 29.1.2010. It is in these circumstances, the writ petition is filed. W.P.(C).2470/10 2 3. The learned counsel contended that in view of Rule 6(28) of the Abkari Shops (Disposal in Auction) Rules, then in force, they are entitled to have the security deposit forfeited adjusted towards their liability. It is stated that if it is so done, their further liability in terms of the Amnesty Scheme will be virtually nil. Having regard to the fact that the petitioners' application for the benefit of the Scheme viz., Ext.P2 is still pending consideration of the 2nd respondent, I do not think it necessary for this Court to pronounce on the claim so made by the petitioners. Since during the pendency of Ext.P2, revenue recovery proceedings are also continued against the petitioners, I dispose of this writ petition with the following directions. 4. 2nd respondent shall consider Ext.P2 application made by the petitioners for the benefit of Amnesty Scheme. This shall be done as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. It is directed that in the meanwhile, further proceedings pursuant to Ext.P8 auction notice W.P.(C).2470/10 3 shall be kept in abeyance. 5. Petitioner may produce a copy of the judgment before respondents 2 and 4 for compliance. 6. Learned Government Pleader points out that a Suit filed by the petitioners is pending and therefore the application made by them cannot be considered as of now. Thereupon, the learned counsel for the petitioners undertakes that the Suit will be withdrawn. This submission is recorded. ANTONY DOMINIC, Judge mrcs