IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 20105 of 2008(R) -------------------------- PETITIONERS: --------------- 1. RANI, D/O.JERTHOOTH, AGED 42, J-J BHAVAN, AZHAMKULPURAYIDAM, PUTHIYALTHURA PO. 2. DOMINIC, AGED 38, S/O.MARSALIN, J.J.BHAVAN AZHAMKAL PURAYIDOM PUTHIYALTHURA PO. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF EXCISE SECRETARIAT, THIRUVANANTHAPURAM 2. THE EXCISE COMMISSIONER, O/O. EXCISE COMMISSIONER, THIRUVANANTHAPURAM 3. THE ASST.EXCISE COMMISSIONER, O/O.THE ASST.EXCISE COMMISSIONER 4. THE DISTRICT COLLECTOR, COLECTORATE, THIRUVANANTHAPURAM 5. THE TAHSILDAR(RR), TALUK OFFICE, NEYYATTINKARA BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 20105 OF 2008 R ==================== Dated this the 22nd day of July, 2008 J U D G M E N T Petitioner was a contractor of TS Nos. 15 and 22 of Neyyatinkara Range and Thirupuram Range during the Abkari year 1996-97. According to the petitioner, shop no.22 could not be run on account of the orders that were issued by the District Collector. In so far as shop No.15 is concerned, default was committed and that led to closure of the shop as well. 2. It is contended by the petitioner that in respect of Shop No.22, he had paid an amount of Rs.2,59,468. It is his contention that towards security deposit for the auction held in 2004-05, he had made deposit of Rs.3,07,000/-. It is stated that this amount also was adjusted by the respondents towards the defaulted sums. It is stated by the petitioner that if proportionate reduction is given and amounts are properly adjusted, the payments realised from him are in excess of what was actually due. The petitioner submits that he is entitled to the concessions that are extended by the Government in terms of Ext.P7 Government Order announcing the Amnesty Scheme. In this writ petition, what is WPC 20105/08 :2 : submitted by the petitioner is that the amount in excess collected from him may be adjusted towards his dues under the Amnesty Scheme. It is his prayer that he intends to avail of the benefit of the scheme and that in case if the benefit of the scheme is extended to him, the respondents may give credit for the amount that is already available with them and that he be permitted to pay the balance amount that is due from him. 3. If as stated by the petitioner, it is for him to apply for the benefit of the Amnesty Scheme, and thereupon it is for the respondents to decide on the request so made by the petitioner. Once a decision favourable to the petitioner is taken to extend him the benefit of the Amnesty Scheme, necessarily, if any excess amount is available with the respondents, that has to be given credit and any further sum that is payable by the petitioner, has to be paid by the petitioner also. Therefore, as at present, this court will not be justified in deciding as to whether the petitioner is entitled to the benefit of the scheme or whether the respondents have any excess amount available with them for adjustment as claimed in this writ petition. 4. In view of these, I direct that if an application is made by the petitioner, the 3rd respondent shall decide on the claim of the petitioner for WPC 20105/08 :3 : the benefit of the Amnesty Scheme and a decision thereon shall be intimated to the petitioner as expeditiously as possible and at any rate before 29/7/2008 so that the petitioner will have sufficient time to make payment of any further sum that is due from him before 30th of July 2008. 5. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE Rp