IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 15255 of 2009(B) -------------------------- PETITIONER: --------------- JABEER K.A., AGED 50 YEARS, S/O.ABDUL KHADER, SHAFEEK MANZIL, SREE NARAYANA ROAD, SOUTH END, KAUSALYA NAGAR, ELAMAKKARA P.O., KALOOR, KOCHI-26. BY ADV. SRI.ESM.KABEER RESPONDENTS: ---------------------- 1. AGRICULTURAL INCOME TAX AND SALES TAX OFFICER, IIND CIRCLE, THODUPUZHA. 2. P.S.PAREETH, S/O.SAIDU MUHAMMAD, PATHICKATHOTIYIL HOUSE, KERALA TIMBERS, ELAMDESAM, VALLIAMATTOM VILLAGE, THODUPUZHA. BY GOVERNMENT PLEADER ADV. MR. C.K. GOVINDAN . THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................. W.P.(C) No. 15255 OF 2009 ................................................................ Dated this the 3rd June, 2009 J U D G M E N T The petitioner is a 'surety' to the second respondent who is assessee before the first respondent. In connection with the due amounts towards arrears of taxes for the assessment years 1989-90 to 1995-96, the departmental authorities sought to proceed against the petitioner with coercive steps for causing the property to be sold on 9-6-2009. The case of the petitioner is that he is prepared to remit the entire amount to clear the arrears due to the department so as to save his property and with this intent he had approached the first respondent by filing Ext.P6 representation, seeking to avail the benefit under the Amnesty scheme notified by the government. 2. Learned Government pleader appearing for the respondents submits that the Scheme though is in existence as on date (till 30th of this month ), necessary application in this regard ought to have been submitted by the assessee himself. The leaned counsel appearing for the petitioner submits that the petitioner will ensure that necessary petition seeking for the W.P.(C) No. 15255 OF 2009 2 benefit under the Amnesty Scheme will be caused to be filed by the original assessee, i.e, the second respondent within two weeks from today. 3. In the above circumstances, the first respondent is directed to consider the claim for availing the benefit under the Amnesty Scheme enabling the defaulters to wipe out the liability as provided thereunder and to pass appropriate orders thereon, in accordance with terms of the Scheme, as expeditiously as possible and at any rate within two weeks from the date of receipt of proper application to be submitted by the assessee. It is made clear that till finalization of the proceedings as above, all coercive steps pursued against the petitioner shall be kept in abeyance. The writ petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk