IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 WP(C).No. 17380 of 2008(R) -------------------------- PETITIONER: ----------------- INDU PHILIP, AGED 31 YEARS, W/O.REJI THOMAS, SALPHI COTTAGE, STARCH JUNCTION, VELLIMON P.O., KUNDARA, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. LAND REVENUE COMMISSIONER, GOVERNMENT OF KERALA, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, KOLLAM. 4. TAHSILDAR (REVENUE RECOVERY), KOLLAM. 5. SALES TAX OFFICER, KUNDARA, KOLLAM. BY GOVERNMENT PLEADER SRI. C.K. GOVINDAN. . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2008 ALONG WITH W.P.C. 17397 & 17410/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.17380/2008. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF SETTLMEMENT DEED NO.1344/2000 DATED 14.3.2000. EXT. P2 : TRUE COPY OF THE NOTICE ISSUED BY THE FOURTH RESPAONDENT TO THE MOTHER OF THE PETITIONER DATED 31.5.2006. EXT. P3 : TRUE COPY OF THE ORDER PASSED BY THE THIRD RESPONDENT DATED 24/3/2007. EXT. P4 : TRUE COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DATED 24.10.2007. EXT. P5 : TRUE COPY OF THE LETTER ADDRESSED TO THE FOURTH RESPONDENT BY THE FIFTH RESPONDENT DATED 21.1.2007. EXT. P6 : TRUE COPY OF THE NOTICES ISSUED TO THE ASSESSEE BY THE FIFTH RESPONDENT DATED 22.2.2001. EXT. P6(a) : TRUE COPY OF THE NOTICES ISSUED TO THE ASSESSEE BY THE FIFTH RESPONDENT DATED 22.2.2001. EXT. P7 : TRUE COPY OF THE ASSESSMENT ORDER OF PHILIP MUSIC FOR THE PERIOD 1996-97 DATED 27.3.2001. EXT. P7(a) :TRUE COPY OF THE ASSESSMENT ORDER OF PHILIP MUSIC FOR THE PERIOD 1997-98 DATED 30.10.2002. EXT. P7(b) : TRUE COPY OF THE ASSESSMENT ORDER OF PHILIP MUSIC FOR THE PERIOD 1990-2000 DATED 30.12.2003. EXT. P7(c) : TRUE COPY OF THE ASSESSMENT ORDER OF PHILIP MUSIC FOR THE PERIOD 2000-01 DATED28.2.2005. EXT. P7(d) : TRUE COPY OF THE ASSESSMENT ORDER OF PHILIP MUSIC FOR THE PERIOD 2001-02 DATED 7.11.2005. EXT. P8 : TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DTED 12.11.2007. EXT. P9 : TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO.34466 OF 2007 DATED 22/11/2007. EXT. P10 : TRUE COPY OF THE ORDER PASSED BY THE GOVERNMENT ON EXT.P8 REVISION PETITION DATED 8.5.2008. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) Nos.17380, 17397 & 17410 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of September, 2008 JUDGMENT In all these cases challenge is against the order passed under Section 83 of the Revenue Recovery Act. The finding is that the property of the petitioners can be proceeded against. The matter arises under the KGST Act. Learned counsel for the petitioners submits that the matter is being settled under the Amnesty Scheme, under which an order has been passed permitting payment of the amount in instalments and the petitioners have already paid three out of four instalments. I feel that in the light of this development, no further orders are necessary in the writ petitions. The writ petitions are closed in the light of the subsequent developments. Recovery steps will be kept in abeyance till 20.10.2008. (K.M. JOSEPH, JUDGE) sb