IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 12394 of 2010(Y) ------------------------------------ PETITIONER(S): ------------------------- M/S.L.JAVERCHAND JEWELLERS, CHOKSI CHAMBER, BHAVANI MARKET ZAVERI BAZAR, MUMBAI, REPRESENTED BY ITS DIRECTOR, ANAND T.JAIN. BY ADV. SRI.R.RAMADAS RESPONDENT(S): ------------------------- 1. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 2. THE INTELLIGENCE OFFICER, MAHE SQUAD NO.1, MAHE, VATAKARA, OFFICE OF THE DEPUTY COMMISSIONER (INTELLIGENCE) COMMERCIAL TAXES DEPARTMENT, KOZHIKODE. BY GOVT. PLEADER MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.12394 of 2010-Y ---------------------------- Dated this the 8th day of April, 2010. J U D G M E N T The petitioner has approached this Court seeking for the following reliefs: “a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to adjust the tax amount and penalty amount from the security deposit of Rs.4,85,300/- collected from the petitioner and to refund the excess security amount with interest to the petitioner as expeditiously as possible, within a time limit to be fixed by this Hon'ble Court. b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and pass appropriate orders on Ext.P4 rectification petition filed on behalf of the petitioner as expeditiously as possible, within a time limit to be fixed by this Hon'ble Court. c) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to refund the excess security amount collected from the petitioner with interest from the date of deposit as expeditiously as possible, within a time limit to be fixed by this Hon'ble Court. d) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.” 2. Heard the learned Government Pleader as well. 3. Considering the limited nature of the relief now pressed before this Court, the second respondent is directed to consider and W.P(C) No.12394 of 2010-Y 2 pass appropriate orders on Ext.P4 petition for rectification of errors, in accordance with law, after hearing the petitioner, as expeditiously as possible, at any rate within six weeks from the date of receipt of a copy of this judgment. It is made clear that till appropriate orders are passed on Ext.P4 petition, all further recovery proceedings shall be kept in abeyance. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab W.P(C) No.12394 of 2010-Y 3