IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 3827 of 2009(E) -------------------------------------------- PETITIONER(S): --------------- G.VISWANATHAN, VISWANATH CASHEW COMPANY, KILIKOLLOOR, KOLLAM DISTRICT. BY ADV. SRI.ARIKKAT VIJAYAN MENON SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S): ------------------------ 1. ASSISTANT COMMISSIONER (ASSESSMENT), COMMERCIAL TAXES SPECIAL CIRCLE, KOLLAM. 2. TAHSILDAR(RR),TALUK OFFICE, KOLLAM. 3. COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM-33. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 3827 OF 2009 E -------------------------------------- Dated this the 5th February, 2009 JUDGMENT Petitioner is an assessee under the KGST Act. According to him, he has cleared the arrears under the Amnesty Scheme. However, in the meantime, the property of the petitioner came to be sold and it was purchased by one Shri Karunakaran, who is the fifth respondent in Ext.P4 Revision Petition. It appears that one Shri Muhammed Basheer who was also a participant in the auction, has challenged the confirmation of the auction in favour of Shri Karunakaran, before the Land Revenue Commissioner, the third respondent. It is submitted by the learned counsel for the petitioner that the matter has already been heard on 13.01.2009. It is the case of the petitioner that in view of the fact that he has settled the arrears, he is entitled to get back the amounts which have been recovered in the auction and in that sense, the matter has to be settled at the earliest. The Writ Petition is disposed of directing the third respondent to take a WPC.3827/09 E 2 decision on Ext.P4 in accordance with law, as early as possible and, at any rate, within six weeks from the date of receipt of a copy of this Judgment, necessarily after affording an opportunity of hearing to all the parties in Ext.P4 Revision Petition. I leave open the first prayer. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge