IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 17326 of 2010(M) -------------------------- PETITIONER(S): --------------- A.K.THANKAPPAN, PWD CONTRACTOR, NJATTUVETTY HOUSE, KARUMALLOOR P.O., NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADV. SRI.BOBBY JOHN RESPONDENT(S): --------------- 1. THE ASSISTANT COMMISSIONER (WC), O/O. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, MATTANCHERY. 2. THE ASSISTANT COMMISSIONER (WC), O/O. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. 3. THE DEPUTY COMMISSIONER COMMERCIAL TAXES, MATTANCHERY. 4. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION, ERNAKULAM. SENIOR GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 17326 OF 2010 -------------------------------------------- Dated this the 4th day of June, 2010 JUDGMENT The petitioner has approached this Court with the following prayers: (i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing the 1st respondent to consider and pass orders in Exhibit P5 application expeditiously, within a time limit fixed by this Hon'ble Court. (ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing the 1st respondent to refund the excess amount of Rs.16550/- remitted by the petitioner as TDS. (iii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing the 1st respondent to adjust the excess amount of Rs.16550/- remitted by the petitioner as TDS towards future tax liabilities of the petitioner. (iv) To pass such other orders as this Hon'ble Curt may deem justified in the facts ad circumstances of the case. (v) to award the cost of this proceedings to the petitioner. 2. The learned counsel for the petitioner submits that the petitioner is made to run from pillar to post with regard to the claim for refund and that Ext.P5 representation preferred before the 1st and 2nd respondents is still to be considered and finalized. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the 1st respondent is directed to consider Ext.P4 representation regarding the claim for refund 2 WP(C) No. 17326/2010 of the amount remitted as TDS and appropriate orders shall be passed thereon in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. If it is found that any amount is actually due to the petitioner, the same shall be caused to be disbursed within two weeks thereafter. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc