IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 29782 of 2006(U) -------------------------- PETITIONER: ------------ SUNNY THOMAS, S/O.THOMAS, AGED 48 YEARS, CHENNATTU HOUSE, KIDANGOOR SOUTH, MEENACHIL TALUK, PALA. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY EXCISE SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER OF EXCISE, TRIVANDRUM. 3. DEPUTY TAHSILDAR (RR), MEENACHIL TALUK, PALA, KOTTAYAM DISTRICT. 4. THE VILLAGE OFFICER, KIDANGOOR VILLAGE, MEENACHIL TALUK, PALA. 5. THE ASSISTANT EXCISE COMMISSIONER, KOTTAYAM. BY G.P. SHRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1.9.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 29782/06. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE NOTICE BY R3. P2. COPY OF THE NOTICE BY R3 DTD.25.1.00. P3. COPY OF THE JUDGMENT IN O.P.NO.5168/00 DTD.16.11.04 OF THIS COURT. P4. COPY OF THE JUDGMENT IN W.A.NO.2220/05 DTD.14.11.05. P5. COPY OF THE REPRESENTATION BY THE PETITIONER BEFORE R5. P6. COPY OF THE JUDGMENT IN O.P.NO.11194/02 DTD.6.10.05 OF THIS COURT. sdk+ ///True copy/// P.S. to Judge KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.29782 of 2006 ----------------------------------------- Dated this the 1st day of September, 2008 JUDGMENT The writ petition is filed with the following prayer:- (i) to issue a writ of mandamus and command the 1st and 2nd respondents to apply amnesty scheme to the dues of the petitioner as provided under G.O(P)No.143/00 dated 30-9-2000 issued by the 1st respondent. It is seen that the petitioner has submitted Ext.P5. It is also seen that similarly situated persons have been granted the benefit as per Ext.P6 judgment. There will be a direction to the first respondent to consider Ext.P5 with notice to the petitioner and take appropriate action in accordance with law within a period of three months from the date of production of a copy of this judgment. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.29782 of 2006 ----------------------------------- JUDGMENT 1st September, 2008