IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 5297 of 2010(J) ------------------------- PETITIONER(S): --------------- 1. P.K.BALACHANDRAN, S/O.KOCHUKRISHNAN, PUNNAKKATHARAYIL PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK. 2. P.SASIDHARAN,S/O.RAGHAVAN NAIR, SREENIKETHAN, KERALESSERY VILLAGE, PALAKKAD TALUK. 3. T.P.SALIM,S/O.PUSHPANGADAN, THRISSHNATHU HOUSE, EDATHRI VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.T.A.SHAJI SMT.S.SHEEJA KUMARY(AYOOR) RESPONDENT(S): --------------- 1. THE DEPUTY EXCISE COMMISSIONR, THRISSUR. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE TAHSILDAR,KODUNGALLUR. 4. THE TAHSILDAR, THALAPPALLY. 5. THE TAHSILDAR, PALAKKAD. 6. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.5297 OF 2010 (T) -------------------------------------------------- Dated this the 18th day of February, 2010 J U D G M E N T Prayer in this writ petition is to direct the respondents to refund an amount of Rs.55,78,131/- to the petitioners. According to the petitioners consequent on Ext.P1 judgment of the Apex Court, the aforesaid amount paid by them towards rental for the year when they were the licensees, has become excess and is liable to be refunded. With the aforesaid prayer, relying on the Apex Court order, a copy of which is Ext.P1, the petitioners have submitted Ext.P2 representation to the first respondent. 2. In view of the pendency of Ext.P2 it is directed that the first respondent shall consider the said representation and pass orders thereon. This shall be done as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of this judgment. On examination of Ext.P2, if it is found that any amount is repayable, necessary order regarding the coercive action already initiated against the petitioners and for return of documents if any available with the respondents will be passed. WPC.No. 5297/2010 :2 : Petitioner shall file a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. (ANTONY DOMINIC) JUDGE vi/