IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 16558 of 2011(T) --------------------------------------- PETITIONER(S): -------------------------- C.ANWAR,S/O.MEMI,K.V.P.S.VILLA, PAISAI,IRIKKUR P.O, KANNUR DISTRICT,PIN -670 593. BY ADVS. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. SRI.GEORGE JOSEPH PULIMOOTTIL SRI.K.DILIP SRI.ROVIN RODRIGUES RESPONDENT(S): ---------------------------- 1. THE COMMERCIAL TAX OFFICER, TALIPARAMBA, KANNUR DISTRICT,PIN -670 141. 2. THE TAHSILDAR(RR),TALIPARAMBA, KANNUR DISTRICT, PIN- 670 141. *ADDL.R3 IMPLEADED *R3: ODERIVALAPPIL ALI, S/O.ABDULLA, P.O.PERUVALATHUPARAMBIL, PAISAI, KANNUR DISTRICT, PIN-670 593. * IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED 26/7/2011 IN IA NO.11567/2011. R1 & R2 BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.16558/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT IN WPC .35283/2005, DATED 22/2/2006. P2 COPY OF THE ORDER IN WP.27842/2005, DATED 11/12/2006. P3 COPY OF THE RECEIPT, DATED 12/12/2006 FOR PAYMENT FOR RS. 1 LAKH TOWARDS SALES TAX ARREARS. P4 COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WP.19562/2008, DATED 01/9/2008. P5 COPY OF THE ORDER IN R.P.154/2009 IN WP.19562/2008, DATED 23/3/2009. P6 COPY OF THE INTIMATION OF PAYMENT OF ARREARS UNDER THE AMNESTY SCHEME DATED 20/9/2010. P7 COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT, DATED 20/1/2011 P8 COPY OF THE SALE DEED EXECUTED BY THE PETITIONER, DATED 7/4/2001. P9 COPY OF THE NOTICE OF SALE OF IMMOVABLE PROPERTY ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER, DATED 27/5/2011. P10 COPY OF THE DEMAND DRAFT FOR RS.5 LAKHS DATED 4/7/2011 ALONG WITH THE LETTER. P11 COPY OF THE REVISED BUDGET STATEMENT FOR THE YEAR 2011-2012, ITEM 370 AS REPORTED IN KERALA TAX REPORTER. P12 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT, DATED 3/9/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 16558 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of September, 2011 J U D G M E N T The petitioner is aggrieved by the proceedings under the Kerala General Sales Tax Act for recovery of arrears. The petitioner now submits that the petitioner has already filed an application for benefit of the Amnesty Scheme as per the proposals in the Finance Bill. The petitioner seeks disposal of the application of the petitioner. The learned Government Pleader points out that, as per the Finance Bill, the petitioner has to pay the amount as per the Amnesty Scheme on or before 30.09.2011. Having heard both sides, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P12 on production of a copy of the judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/