IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 1385 of 2010(W) ------------------------- PETITIONER(S): --------------- E.V.SAJEEV, AGED 49 YEARS, S/O.LATE SMT.ANADAVALLY VIJAYAN, ERINJERI HOUSE, P.O.KUNDALIYOOR,CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE,THIRUVANANTHAPURAM 3. THE DEPUTY COMMISSIONER OF EXCISE, PALAKKAD. 4. THE DISTRICT COLLECTOR, THRISSUR. 5. THE TAHSILDAR, CHAVAKKAD, THRISSUR DISTRICT. 6. THE SUB REGISTRAR, SUB REGISTRAR OFFICE, VATANAPPALLY, THRISSUR DISTRICT. BY G.P. SHRI K.V. MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF CERTIFICATE OF ENCUMBRANCE DATED 3.3.2009 EXT.P2-TRUE COPY OF GO DATED 7.7.1999 ISSUED BY THE GOVT. OF KERALA EXT.P3-TRUE COPY OF JUDGMENT DATED 23.10.2000 IN OP 31222/1999 EXT.P4-TRUE COPY OF JUDGMENT IN WA 423/2001 EXT.P5-TRUE COPY OF ORDER DATED 19.2.2008 IN CIVIL APPEAL NO.4976-4987/2002 EXT.P6-TRUE COPY OF NOTICE DATED 16.11.2000 ISSUED BY THE ASST. EXCISE COMMISSIONER, PALAKKAD EXT.P7-TRUE COPY OF CHALAN DATED 29.11.2000 EXT.P8-TRUE COPY OF DO. DATED 29.11.2000 EXT.P9-TRUE COPY OF LETTR DATED 8.5.2008 EXT.P10-TRUE COPY OF LETTER DATED 8.4.2008 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1385 of 2010-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of June, 2010. JUDGMENT The matter concerns withdrawal of revenue recovery requisition in respect of the properties of the late mother of the petitioner, viz. Smt. Anandavally Vijayan. It is submitted that the entire amounts have been remitted in the light of the amnesty scheme brought out by Rule 6(25A) of the Abkari Shops (Disposal in Auction) Rules, 1974. 2. The bare facts for the disposal of the writ petition are the following: Smt. Anandavally Vijayan was one of the joint bidders of arrack shop Nos. 91 to 105 of Group No.III of Palakkad Excise Range for the year 1993-94. Pursuant to the commission of defaults in payment of arrears the properties were attached after initiating revenue recovery proceedings, as per requisition RRC No.G-80462/98. Accordingly, the same were entered in the records of the Sub Registrar Office, Vatanappally. 3. Subsequent proceedings were there, whereby credit was given to the departmental management fee collected for the period from 6.10.1993 to 22.12.1993 which is evidenced by Ext.P2. A writ petition was filed by one of the joint bidders, viz. Shri T.V. Rajithan as O.P.No.31222/1999 wpc 1385/2010 2 wherein also direction was issued by this Court as per Ext.P3 judgment, to give credit to the entire amount collected as departmental management fee in respect of shop Nos.91 to 105 in Group No.III of Palakkad Excise Range. Writ Appeal No.423/2001 filed against Ext.P3 judgment was dismissed as per Ext.P4 and the Special Leave Petition filed from the said Writ Appeal as well as other connected appeals, were also dismissed by the Apex Court as per Ext.P5. 4. Thereafter, the amnesty scheme was brought out and the benefit was given to the petitioner's mother, who remitted an amount of Rs.35,79,401/-. as evidenced by Exts.P6 to P8. Thereafter, the petitioner submitted a petition before the first respondent requesting to withdraw the revenue recovery requisitions. Failing to get any reply and seeking for appropriate orders in the matter, this writ petition has been filed. 5. It was pointed out when the matter came up for hearing earlier that a review petition was pending before the Apex Court from the order produced as Ext.P5. It is now brought to my notice that the said review petition has been dismissed as per order dated 5.5.2010, in D. No.8563/2010. 6. In that view of the matter, no other objections could survive as against the request made by the petitioner. Therefore, the petitioner is wpc 1385/2010 3 entitled for the reliefs sought for in the writ petition. Accordingly, there will be a direction to the third respondent to withdraw the attachment by forwarding the necessary request to respondents 4 and 5. The same will have to be done within a period of three weeks from the date of receipt of a copy of this judgment and thereafter they will address the sixth respondent in the matter who will make the necessary endorsement in the records and issue certificate as sought for. The writ petition is accordingly disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/