IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 14219 of 2009(V) -------------------------- PETITIONER: --------------- CHITHARANJAN.P., AGED 56 YEARS, S/O.PADMANABHAN, KARTHIYANI MANDIRAM, PEZHUMTHURUTHU MURI, MANDROTHURUTH, KOLLAM DIST. BY ADV. MR.K.G.RADHAKRISHNAN RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT. (EXCISE), GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE RECOVERY THAHASILDAR, (R.R), KOLLAM. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. THE ASSISTANT EXCISE COMMISSIONER, KOLLAM. GOVERNMENT PLEADER MR.GOPAKUMAR FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14219 of 2009(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: NOTICE DATED 7.2.2007. EXT.P2: JUDGMENT DATED 5.3.2009 OF THE HONOURABLE SUPREME COURT. EXT.P3: SUBMISSION OF THE PETITIONER DATED 21.2.2009. RESPONDENTS' EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.14219 Of 2009 ---------------------- Dated this the 22nd day of July, 2011. J U D G M E N T The petitioner was the licencee of the toddy shop No.1 to 65 of Kollam Excise Range during the period 1997-1998. The writ petition is filed for a direction directing the respondents to issue order that the refund of arrears in “KIST” amount is limited to the periods in which the petitioner was running the toddy shop; in the light of the observations of the Honourable Supreme Court of India in Ext.P2 judgment and other connected cases. 2. When the matter was taken up for consideration, the learned Government Pleader submitted that while the Revenue Recovery proceedings were in progress, the Government introduced 'Amnesty Scheme' as per GO(MS).No.10/08/TD dated 26.5.2008 and extended the Scheme as per GO(MS). No.158/08/TD dated 30.7.2008, that the defaulters were given notice on 26.8.2008 to avail the Scheme and that pursuant thereto the defaulters submitted affidavit dated 22.3.2011 in stamp paper worth Rs.100/- expressing their willingness to clear the arrears by availing the Amnesty Scheme. It is also stated in the affidavit that no cases are pending before any court or no ::2:: W.P.(C).No.14219 Of 2009 petitions are pending consideration before any higher authorities. The defaulters, by availing the scheme, remitted part of the amount. In the statement it is further stated that in view of the Government Order for availing the Amnesty Scheme, all cases have to be settled by the defaulters. 3. The petitioner has already approached the 4th respondent seeking relief under the Amnesty Scheme. The petitioner has paid two instalments. The learned counsel for the petitioner submitted that the application submitted by the petitioner is pending consideration before the 4th respondent. 4. In this circumstance, a direction issued to the 4th respondent to consider and dispose of the matter pending before him in accordance with law, within a period of two months from the date of receipt of the copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 4th respondent. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-