IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 21683 of 2008(F) -------------------------- PETITIONER: ------------ P.T. HABEEB, S/O P.J. MOHAMMED, PULIKKATHODI HOUSE, THOZHANNUR, RANDATHANI, MALAPPURAM DISTRICT. BY ADV. SRI.K.I.MAYANKUTTY MATHER SMT.S.AMINA RESPONDENTS: ------------- ASSISTANT COMMISSIONER (KVAT), SPECIAL CIRCLE, TIRUR, MALAPPURAM. BY GOVERNMENT PLEADER ADV.SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 21683 OF 2008 F ```````````````````````````````````````````````````` Dated this the 14th day of August, 2008 J U D G M E N T Prayers in the writ petition are as follows: (i) issue a writ of mandamus or other appropriate writ direction or order directing the respondent to refund the excess tax paid by the petitioner in respect of assessment years 1988-89, 1989-90, 1990-91, 1992-93, 1993- 94, 1994-95, 1995-96 and 2001-02 with interest thereon @ 12% per annum; and (ii) issue a writ of mandamus or other appropriate writ or order directing the respondent to pass modified orders for the assessment years 1988-89, 1989-90 and 1990-91 in pursuance of Ext.P8 order and ensure the beneficial result thereof to the petitioner forthwith. 2. The writ petition is filed against the inordinate delay in effecting refund of the excess tax paid and also to pass modified orders pursuant to Ext.P8 order. Learned Government Pleader submits that the matter being very old WPC.21683/08 : 2 : some time is required. It is also submitted that the matter will be concluded within a maximum period of three months. Accordingly, recording the submission of the learned Government Pleader, writ petition is disposed of directing the respondent to effect refund of the amount, if any, legally due and also to pass modified orders as sought in prayer No.(ii) as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE