IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10872 of 2010(H) -------------------------- PETITIONER(S): --------------- P.K.KRISHNALEELA, PARAKKUZHIKKATTU, (NEDUMPOKKIL), RAMAPURAM P.O., KOTTAYAM DISTRICT. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENT(S): --------------- 1. THE EXCISE COMMISSIONER, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REP. BY ITS SECRETARY, EXCISE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GP SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).10872/2010 -------------------- Dated this the 30th day of March, 2010 JUDGMENT Petitioner was an Abkari licensee. Recovery proceedings were initiated against her and she settled the liability by paying the entire amount. According to the petitioner, subsequently she came to know that the Government had already announced an Amnesty Scheme and that if she had availed of the Scheme, her liability could have been settled by paying a much lesser amount. Thereupon, petitioner submitted Ext.P3 representation requesting the Excise Commissioner to extent her the benefit of the Amnesty Scheme, adjust the amount due from the amount already remitted and refund the excess amount remitted by her. 2. Complaining that the representation has not been considered so far and praying for a direction for consideration of the said representation, this writ petition is filed. 3. It is true that the Amnesty Scheme has been announced by the Government as early as in 2008 and the period has been W.P.(C).10872/10 2 extended from time to time. However, the Scheme can be availed of only for settling the outstanding liability and the Scheme does not contemplate, re-opening of settled liabilities and refunding of amounts which are already paid. This is precisely is what the petitioner is asking for. I find no merit in the request made by the petitioner. Writ petition fails and it is only to be dismissed. I do so. ANTONY DOMINIC, Judge mrcs