IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WA.No. 934 of 2007() -------------------- AGAINST THE JUDGEMENT IN WPC.16980/2005 Dated 31/01/2007 .................... APPELLANTS/RESPONDENTS 1, 2 & 6: ----------------------------------------- 1. THE TAHSILDAR, VAIKOM, DISTRICT KOTTAYAM. 2. THE REVENUE DIVISIONAL OFFICER (R.D.O), PALA, DISTRICT KOTTAYAM. 3. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER, SMT.K.MEERA RESPONDENTS/PETITIONER & ADDITIONAL RESPONDENTS: ----------------------------------------------------------------- 1. K.G.MANIKANTAN NAIR, S/O.GOPALA PILLAI, LAKSHMI NIVAS, NADUVILE VILLAGE, VAIKOM. 2. BENOY, S/O.THANKAPPAN, KODALIKKANDATHIL, VAIKOM, DIST. KOTTAYAM. 3. P.S.SURESH, PAZHAYAMBILLIL HOUSE, IDAMULAKKARA, AKALAKKUNNAM, KOTTAYAM DIST. 4. INDIRA BHAICHAR, THAIPARAMBIL HOUSE, NEARKUNNAM, VANDANAM P.O., ALAPPUZHA DISTRICT. R1 BY ADV. SRI.K.REGHU KOTTAPPURAM SRI.D.SREEKUMAR R2 BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 934 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 27th day of March, 2009 JUDGMENT Kurian Joseph, J. This is an appeal by respondents 1, 2 and 6 (Revenue) in the writ petition. The issue pertains to the settlement of Abkari dues by the writ petitioner. Learned Single Judge permitted the dues to be settled under the One Time Settlement Scheme available as on 31.03.07. It appears that there are still certain disputes with regard to the interest and hence the liability has not been settled so far. Learned counsel for the writ petitioner submits that there is a scheme of One Time Settlement available up to 31.03.09, where 100% benefit on the interest is available to the defaulter. Counsel for the writ petitioner hence seeks permission to withdraw the writ petition without prejudice to his liberty to approach the Government. 2. Learned Government Pleader on instruction submits WA No.934/07 -:2:- that the petitioner will have to make his application on or before 30.03.09 and within 15 days he will get a notice regarding payment to be made by him and that amount stipulated in the notice will have to be paid in another 15 days. Learned Government Pleader on instruction submits that the petitioner will have to pay Rs.5,85,074/-(Rupees Five lakhs eighty five thousand and seventy four only). In view of the liberty sought as above, we set aside the judgment under appeal, dismiss the writ petition as withdrawn with liberty to the writ petitioner to approach the Government for availing the benefit of One Time Settlement, details of which are referred to above. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA No.934/07 -:3:-