IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 25584 of 2010(W) -------------------------- PETITIONER(S): --------------- JINOS.P.K., AGED 31 YEARS, S/O.T.C.K.THAJUDHEEN, NAFEESHARAF, NEAR CO-OPERATIVE BANK CHOKLI, KANNUR DISRICT. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.T.P.SAJID SMT.P.VANDANA RESPONDENT(S): --------------- 1. TAHSILDAR, REVENUE RECOVERY, THALSSERY. 2. COMMERCIAL TAX OFFICER, 3RD CIRCLE, KOZHIKODE. BY SR.GOVT. PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 25584 of 2010-W ---------------------------- Dated this the 13th day of August, 2010. J U D G M E N T The petitioner has approached this Court with the following prayers: i) to issue writ of mandamus or any other appropriate writ or direction, directing the respondents to refrain from arresting the petitioner as per Exts.P5 and P6 and quash the same; ii) to quash Ext.P9, intimation of payment of arrears under the Amnesty of Scheme 2008-2009; iii) to grant 6 instalment for the payment of balance of Rs.14,042/- (Rupees fourteen thousand and forty two only) after deducting the high interest; iv) to pass an interim order staying Exts.P5 and P6 and P9 till disposal of Writ Petition; and v) to grant such other reliefs as this Hon'ble Court may deemed just and proper.” 2. The learned counsel for the petitioner submits that, the amount shown in Exts.P5 and P6 have been reproduced quite in a mechanical manner in Ext.P9, inspite of the fact that the petitioner has already effected payments, as borne by Exts.P7 and P10, which have been not been given credit to. Various other contentions have also been raised, with regard to the sustainability of the W.P(C) No. 25584 of 2010-W 2 proceedings. 3. Heard the learned Government Pleader, who brought it to the notice of this Court, that the 'amnesty scheme' is very much available till 30.9.2010 and that if the petitioner files a fresh application for availing the benefit of the said scheme, the same will be considered and appropriate orders will be passed. 4. In the above circumstances, the petitioner is at liberty to approach the second respondent/concerned authority, by filing a proper application, for extending the benefit of the Scheme 2010- 2011, on which event, the same shall be considered and appropriate orders shall be passed, as expeditiously as possible, at any rate within 'two weeks' from the date of receipt of the application. The revenue recovery proceedings stated as pursued against the petitioner shall be kept in abeyance for the time being; which will be subject to the outcome of the decision to be taken by the second respondent as aforesaid. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE ab //True Copy//