IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 3049 of 2006(K) ------------------------------------ PETITIONER: ----------------- GEETHA, AGED 52 YEARS, W/O. LATE PRABHAKARAN SHAJI, CHIRAMEL HOUSE, PUTHUVAIPPU VILLAGE, KOCHI TALUK. BY ADV. SRI.C.C.THOMAS (SR.) SRI.M.G.KARTHIKEYAN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASST.EXCISE COMMISSIONER, ERNAKULAM. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. THE DEPUTY TAHSILDAR (R.R.), KOCHI TALUK. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR - R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).3049/2006-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER NO.E3-12228/72 DATED 01/07/2002 SENT BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P2: COPY OF THE DEMAND NOTICE DATED NIL NO.A2-2592/04 ISSUED BY THE 4TH RESPONDENT. EXT.P3: COPY OF THE JUDGMENT DATED 24/09/2002 IN O.P. NO.20871/2002 OF THIS HON'BLE COURT. EXT.P4: COPY OF THE LETTER DATED 03/10/2002 SENT TO THE 1ST AND 2ND RESPONDENTS. EXT.P5: COPY OF THE LETTER DATED 21/01/2006 SENT BY THE PETITIONER TO THE 4TH RESPONDENT WITH COPIES TO RESPONDENTS 1 AND 3. EXT.P6: COPY OF THE ORDER NO.G.O.(Rt)NO.113/03/TD DATED 19/02/2003 PASSED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE GO(MS)NO.108/08/TD DATED 26/05/2008 PASSED BY THE GOVT. OF KERALA. EXT.P8: COPY OF THE LETTER DATED 14/07/2008 SENT TOT HE 2ND RESPONDENT BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 3049 of 2006 -------------------------------------------------------- Dated: JULY 15, 2008 JUDGMENT The subject matter of this writ petition is the revenue recovery proceedings initiated against the petitioner for realising the amounts due from her husband. 2. The petitioner's husband was a contractor in respect of two toddy shops of Thrippunithura Excise Range during the Abkari Year 1971-72. He had defaulted payment of Rs.6208/- and expired in 1993. Revenue recovery proceedings were initiated against the petitioner in 2002 and that was challenged before this court in OP No.20871/2002. That resulted in Ext.P3 judgment directing that the matter be considered by the 2nd respondent. Accordingly the 2nd respondent passed Ext.P6 order in 2003 and that is under challenge in this writ petition. 3. While admitting this writ petition, this Court granted stay on condition that the petitioner remits Rs.10,000/- and subsequently by order dated 14.2.2006 it was directed that payment, if any, made by the petitioner would be subject to the result of the final orders in this writ petition. It is submitted by WP(C) 3049 of 2006 2 the petitioner that in pursuance to the aforesaid orders, the entire amount sought to be recovered from the petitioner along with interest has been paid. 4. Petitioner now submits that the Government have announced an Amnesty Scheme by its notification dated 26.5.2008 and that she has applied for the benefits thereof. It is also stated that as a condition of the said scheme, litigations, if any, are to be withdrawn and that in order to pursue her claim for the benefit of the said Scheme, she intends to withdraw this writ petition. However, she only prays that in case the aforesaid benefit is granted, the respondents may be directed to adjust the payment made by her under orders of this Court as stated above. 5. I heard the learned counsel for the petitioner and also the learned Government Pleader in this matter. 6. Now that the Amnesty Scheme has been announced and, according to the petitioner, she has made Ext.P8 application for the benefit thereof, it is for the 2nd respondent to consider the same. In order to enable the petitioner to pursue Ext.P8, as a condition of the scheme, petitioner is allowed to withdraw this writ petition. Further, it is clarified that in case she is allowed WP(C) 3049 of 2006 3 the benefit of the Scheme, the payments made by the petitioner under orders of this Court will be allowed to be adjusted towards her liability, if any, and appropriate orders regarding the excess, if any, will also be passed. ANTONY DOMINIC JUDGE mt/-