IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 5555 of 2009(L) ------------------------- PETITIONER(S): --------------- K.T.KURUVILA, AGED 65 YEARS, S/O.K.K.THOMAS, KADICHEENI HOUSE, KAVANAD ROAD, VADAMA VILLAGE, P.O.MALA, THRISSUR DISTRICT. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SMT.SMITHA GEORGE SRI.T.RAMPRASAD UNNI RESPONDENT(S): --------------- THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EXCISE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.5555 of 2009 ================== Dated this the 19th day of March, 2009 J U D G M E N T The petitioner availed of the benefit of the Amnesty Scheme declared by the Government for paying off abkari arrears due from the petitioner for the year 1980-1981. He has paid some amount, pursuant thereto. According to the petitioner, the same is in excess of the amounts actually due. However, the respondent refuses to refund the amount allegedly paid in excess. The petitioner filed Ext.P1 before the Government styling it as an appeal against the order of the Assistant Excise Commissioner dated 20.11.2008 in respect of the petitioner's claim. The petitioner seeks a direction to the respondent to consider and pass orders on Ext.P1 expeditiously. 2. The learned Government Pleader submits before me that no appeal lies against the order of the Assistant Excise Commissioner before the Government. It is submitted that under Rule 11 of the Kerala Abkari Shops Disposal Rules, 2002, certain powers are conferred on the Commissioner of Excise. She further submits that in respect of the order impugned, no appeal or revision will lie to the Commissioner of Excise also or under Rule 12, which relates to sum motu revision by the Government. I directed the Government Pleader to ascertain as to whether the Government is prepared to consider w.p.c.5555/09 2 Ext.P1 as a representation. In answer, the Government Pleader submits that no amounts are due from the Government to the petitioner by way of refund or otherwise in respect of the amounts paid by the petitioner availing of the amnesty scheme as on the date of the Government order. However, the Government Pleader submits that Government has no objection in considering Ext.P1 as a representation in this regard and to pass orders thereon. Accordingly, this writ petition disposed of with the following directions: The respondent shall consider Ext.P1 as a representation and pass orders thereon as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment after affording an opportunity of being heard to the petitioner. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge