IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 19722 of 2006(W) -------------------------- PETITIONER(S): -------------------- C.K.BALAN, S/O.KUNJIRAMAN, CHETTIYATTIL HOUSE, LOKAMALESWARAM VILLAGE, KODUNGALLOOR TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): --------------------- THE ASSISTANT EXCISE COMMISSIONER, THRISSUR. GOVERNMENT PLEADER SRI. M.R. SABU FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19722 of 2006 EXT.P1: COPY OF THE REQUEST DATED 23.12.1997 SUBMITTED BY THE PETITIONER. EXT.P2: COPY OF THE ORDER NO.XM2-12407/99 DATED 31.12.1999. EXT.P3; COPY OF THE JUDGMENT IN O.P.NO.5361/00 DATED 6.9.2005. EXT.P4: COPY OF THE JUDGMENT IN W.A.2421/05 DATED 9.6.2006. EXT.P5: COPY OF THE NOTICE NO.1478/98 DTD NIL ISSUED BY THE RESPONDENT. EXT.P6: COPY OF THE RECEIPT NO.8 DATED 12.07.1999. EXT.P7: COPY OF THE RECEIPT NO.33 DATED 3.3.2000. EXTP8: COPY OF THE ORDER DATED 14.10.2008 ISSUED BY THE RESPONDENT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 19722 OF 2006 ---------------------------------------- Dated this the 4th day of December, 2008 JUDGMENT The petitioner originally filed the writ petition challenging recovery proceedings for recovery of abkari dues due from the petitioner to the Excise Department. The petitioner now submits that in view of the Amnesty Scheme declared by the Government, the petitioner wants to avail of the benefit of that scheme. Therefore, the petitioner submits that the petitioner may be permitted to withdraw this writ petition without prejudice to the right of the petitioner to seek benefits of the Amnesty Scheme with a further submission that the amounts paid as per interim orders of this Court may be adjusted against the amounts that may be found due from the petitioner in accordance with Amnesty Scheme. 2. The learned Government Pleader on instructions submits that the respondent has no objection in adjusting the amounts paid by the petitioner pursuant to the interim orders of W.P.(c)No.19722/06 2 this Court against the amounts found due from petitioner on computation as per the Amnesty Scheme. Accordingly, the writ petition is dismissed as withdrawn with a further direction to the respondent to adjust the amounts paid by the petitioner as per the interim orders of this Court against the amounts which the petitioner has to pay as per the Amnesty Scheme. On discharging the liabilities as per the Amnesty Scheme, the bank guarantee furnished by the petitioner shall be released. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.19722/06 3