IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 29062 of 2008(I) --------------------------------- PETITIONER(S): ---------------------- AJITH PHILIP, S/O. LATE P.A.PHILIPS AGED 35 YEARS, SALPHI COTTAGE, STARCH JUNCTION, VELLIMON P.O., KUNDARA, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, KOLLAM. 3. THE COMMERCIAL TAX OFFICER, KUNDARA. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 29062 OF 2008 I -------------------------------------- Dated this the 22nd October, 2008 JUDGMENT Petitioner seeks a mandamus to rectify the mistakes in arriving at the amounts payable by him under Ext.P1 Scheme as communicated to him vide Exts.P2 and P3, by giving credit to the amounts referred to in Ext.P7 representation. Petitioner filed an application for settling the liability under the Amnesty Scheme and Ext.P3 is the intimation. Petitioner submitted Ext.P4. He has also filed Ext.P7 representation. According to petitioner, the calculation made in Ext.P3 is not correct because, due credit was not given to the payments already effected by his late father. It is submitted by the learned counsel for petitioner that anyway the petitioner has already effected payment of the amounts as directed in Ext.P3. What remains is the question as to whether the petitioner has paid amounts in excess. In this view of the matter, after having heard the learned Government Pleader also, the Writ Petition is disposed of directing the third WPC.29062/08 I 2 respondent to consider and take a decision on Exts.P4 and P7 in accordance with law, within a period of one month from the date of receipt of a copy of this Judgment and communicate the decision on the same to the petitioner and if it is found that due credit has not been given to the payments already made in arriving at the amount in Ext.P3, the third respondent will pay the amount collected from the petitioner in excess of what he was liable to pay, within a period of one month from the date of the decision taken on Ext.P4 and P7. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge