IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 9004 of 2009(U) ------------------------------------ PETITIONER(S): --------------------- E.R.JOSHY, AGED 58, S/O. RAGHAVAN, EZHIKKANAT HOUSE, OCHANTHURUTHU, ELAMKUNNAPPUZHA. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S): ------------------------- 1. THE SPECIAL TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, KOCHI-1. 2. SALES TAX OFFICER, IIND CIRCLE, MATTANCHERRY, KOCHI-2. BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.9004 of 2009-U ---------------------------------------------- Dated, this the 20th day of March, 2009 J U D G M E N T The complaint of the petitioner is regarding the delay in effecting refund of the amount deposited in compliance of Ext.P1 interim order. According to the petitioner he has paid amount in excess than what he is liable to pay. When the petitioner approached the 2nd respondent for refund, the second respondent informed that the amount is with the first respondent. 2. I heard learned counsel for the petitioner and learned Government Pleader. Learned Government Pleader points out that petitioner may move an application for refund before the second respondent. In such circumstances, the writ petition is disposed of as follows: If the petitioner files an application for refund of the amount before the second respondent within two weeks from the date of receipt of a copy of this judgment, the second respondent will consider the same and take a decision on the amount to be refunded and refund the amount with due WPC No. 9004/2009 -2- interest within two months from the date of filing of the application. (K.M.JOSEPH) JUDGE. MS