IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 RP.NO. 1392 OF 2008() ------------------------------- (AGAINST W.A. NO.1941 OF 2008_ REVIEW PETITIONER(S) - APPELLANT: ----------------------------------------------- JOEMON RAJAN MANGALY, PROPRIETOR, MANGALY ROCK PRODUCTS, THURAVOOR P.O., ANGAMALLY, ERNAKULAM DISTRICT. BY ADV. SRI.ARIKKAT VIJAYAN MENON RESPONDENT(S) - RESPONDENTS: -------------------------------------------- 1. COMMERCIAL TAX OFFICER, ANGAMALLY. 2. INTELLIGENCE OFFICER, SQUAD NO.II, DEPARTMENT OF COMMERCIAL TAXES, MATTANCHERRY AT KARUKUTTY. 3. TAHSILDAR (RR), TALUK OFFICE, ALUVA. BY GOVERNMENT PLEADER (TAXES) SHRI PRADEEP THIS REVIEW PETITION HAVING BEEN COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = R.P. No.1392 of 2008 IN W.A. No.1941 of 2008 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of January, 2009 J U D G M E N T ---------------------- Basheer, J. Appellant in Writ Appeal No.1941 of 2008 seeks review of the judgment in the above Writ Appeal. Though the primary prayer in the review petition is to allow the petitioner to seek the benefit of Amnesty Scheme which according to the petitioner would enable him to remit only 10% of the penalty due, it is submitted on behalf of the petitioner that he is prepared to comply with the direction issued by this Court in the judgment and deposit Rs.1.5 lakhs if some reasonable time is granted. 2. It is the admitted position that the petitioner has not made the deposit along with the appeal which is stated to have been filed before the Appellate Authority against the penalty order. In the judgment it was made clear that the petitioner shall remit the above sum of Rs.1.5 lakhs at the time of filing of the appeal itself. The above direction has not been complied with. 3. But in the peculiar facts and circumstances of the case and in view of the submission made by learned counsel for the petitioner at R.P. No.1392 of 2008 in W.A. No.1941 of 2008 -: 2 :- the Bar, we dispose of the review petition enlarging the time for deposit of Rs.1.5 lakhs by two weeks from today. The Appellate Authority shall entertain and dispose of the appeal only if the above sum of Rs.1.5 lakhs is deposited by the petitioner within the time indicated above. Review Petition is closed as above. A.K. BASHEER, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv