IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 9905 of 2005(D) ------------------------- PETITIONERS: --------------- 1. SREELATHA S. NAIR, PARVATHI NILAYAM, NANDIATTUKUNAM, PARAVUR. 2. VASANTHA KUMARI PAI, KANNAMPARAMBIL HOUSE, PARAVUR. 3. VIJAYALAKSHMI S. PAI,. 17/164 A, THAIKOOTTATHIL HOUSE, KADAVATHU ROAD, PARAVUR. 4. NAVAMANI SANKAR, PRAKASH VILLA, NANDIATTUKUNAM, PARAVUR. 5. VINEETHA P.K., PULIYEDATH VEEDU, PALATHURUTHU, CHENDAMANGALAM. 6. P.P.MANI, ANADIPARAMBIL, WEST KADUNGALLUR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: --------------- 1. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE,. N. PARAVUR. 2. STATE OF EKRALA, REP. BY THE SECRETARY TO TAXES, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. K.P. PRADEEP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 9905/2005 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF CERTIFICATE DATED 21.8.1991 ISSUED BY REGISTRAR OF CO-OP. SOCIETIES. XT.P2 TRUE COPY OF ORDER DATED 28.9.1998 ISSUED BY THE APPELLATE ASSISTANT CMMISSIONR. EXT.P3 NOTICE DATED 23.11.1998 BY THE 1ST RESPONDENT. EXT.P4 TRUE COPY OF JUDGMENT DATED 15.6.2004 IN O.P. NO. 23929/1998. EXT.P5 TRUE COPY OF OBJECTION DATED 12.8.2004 SUBMITTED BY THE PETITIONERS. EXT.P6 TRUE COPY OF ORDER DATED 31.8.2004 OF THE 1ST RESPONDENT. EXT.P7 TRUE COPY OF PROCEEDINGS DATED 25.1.2005 OF THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMACHANDRA MENON, J. = = = = = = = = == = = = == = = = = = = W.P.(C) No. 9905 OF 2005 = = = = = = = = == = = = = = = = = = = = = DATED THIS, THE 15TH DAY OF SEPTEMBER, 2010. J U D G M E N T The petitioner approached this Court with the following prayers: "a). Issue a writ of certiorari or other appropriate writ or order quashing all proceedings for recovery of any amounts from the petitioners pursuant to Exhibits P3, P6 and P7 and similar proceedings against the petitioners, b) Hold that the petitioners are not liable to the dues of the society and proceedings for recovery is unwarranted and without authority of law, and issue a writ of mandamus or other appropriate writ or order directing the 1st respondent to consider Exhibit P5 on merits, and c) Issue such other writs, orders and directions as are deemed fit in the facts and circumstances of the case." 2. The learned Government Pleader, appearing on behalf of the respondents, submits on instructions, that the assessment years in question are 1991-92, 1992-93 and 1993-94. Placing a copy of the letter bearing No. A 4481/91-92 to 93-94 dated 13.9.2010 of the Commercial Tax Officer, North Parvur, the learned Government Pleader submits that in respect of the assessment year 1991-92 the petitioner has chosen to avail the benefit of 'Amnesty Scheme' and the liability has been cleared. With respect to the WP(C) 9905/2005 2 other remaining assessment years, ie. 1992-93 and 1993-94, it is pointed out that the petitioner has been given the benefit of exemption as provided under SRO 1727/93 and as such no dues are there in respect of these assessment years. In the above circumstance, nothing further remains to be considered or adjudicated in the writ petition. Recording the submissions as aforesaid, the writ petition is disposed of accordingly. P.R. RAMACHANDRA MENON, (JUDGE) KNC/-