IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 11303 of 2009(G) -------------------------- PETITIONER: --------------- BAJI SOMARAJAN,SON OF SOMARAJAN, AGED 48 YEARS,V.A.GARDENS,THEKKEVILA, ERAVIPURAM P.O.,KOLLAM-691 011. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES,KOLLAM. 3. ADDITIONAL SALES TAX OFFICER, II CIRCLE,COMMERCIAL TAXES,KOLLAM. BY GOVERNMENT PLEADER MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C)No. 11303 OF 2009 ......................................................................... Dated this the 19 th June, 2009 J U D G M E N T The grievance of the petitioner is that the assessment orders passed by the third respondent in respect of the concerned assessment years, viz., 1990-91 to 1994-95 have been subjected to challenge by filing the statutory appeals as borne by Exts.P7 to P11, but because of pendency of the above appeals, the petitioner is not in a position to avail the benefit of Amnesty Scheme declared by the Government and to clear out the entire liability. 2. The learned counsel for the petitioner submits that, it was shockingly informed to the petitioner vide Ext. P14 that, the files were missing and that every earnest effort was being made to trace out the files. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, particularly W.P.(C)No. 11303 OF 2009 2 taking note of the fact that the benefit of the Amnesty Scheme is available only upto the end of this month, as it now exists, the second respondent is directed to consider Exts.P7 to P11 proceedings filed along with the present Writ Petition as proper appeals and to consider and dispose of them, in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible and at any rate within one month from the date of receipt of a copy of the judgment. The petitioner will produce a full text of the Writ Petition with Exhibits, along with a copy of this judgment before the second respondent within two weeks. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk