IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 22378 of 2008(L) -------------------------- PETITIONER: -------------- K.V.SALIM, S/0.LATE K.K.VASUDEVAN, AGED 48, KALATHIPARAMBIL HOUSE, VARAPPUZHA P.O., ERNAKULAM. BY ADV. SRI.T.N.SURESH SRI.ROY THOMAS RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, EXCISE DEPARTMENT, THIRUVANANTHAPURAM. 2. ASSISTANT EXCISE COMMISSIONER, OFFICE OF THE ASSISTANT EXCISE COMMISSIONER, ERNAKULAM. BY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 22378 of 2008 -------------------------------------------------------- Dated: JULY 24, 2008 JUDGMENT Petitioner is a defaulter of abkari dues. By Ext.P1, notice issued under sec.49 of the Revenue Recovery Act, his immovable properties are scheduled to be sold today. Petitioner submits that after Ext.P1 notice was issued, by Exts.P3 and P4 notices issued by the Circle Inspector of Excise, he was offered the benefit of the Amnesty Scheme announced by Government Order dated 26.5.2008. It is stated that in order to avail of the benefit of the Amnesty Scheme, petitioner submitted Ext.P5, requesting the 2nd respondent to issue necessary chalan for making remittance of the amounts mentioned in Exts.P3 and P4. According to him, since the 2nd respondent has not passed orders on Ext.P5, he was not in a position to remit the amounts and that in the meanwhile, sale in pursuance to Ext.P1 is scheduled to take place today. It is in this background this WP(C) 22378/08 -2- writ petition has been filed. 2. If, as stated by the petitioner, in pursuance to Exts.P3 and P4 notices issued by the Circle Inspector of Excise, in order to avail of the benefit of the Amnesty Scheme, he has applied for the issuance of chalan by submitting Ext.P5, I see no reason why the chalan was not issued by the 2nd respondent. 3. Therefore, I direct that on production of a copy of this judgment, the 2nd respondent shall take up Ext.P5, if the said application has been received and is pending, and pass appropriate orders thereon within one week thereafter. In view of the above, I also direct that though sale in pursuance to Ext.P1 can go on, the same shall not be confirmed until orders are passed on Ext.P5 as directed above and for one week thereafter. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE mt/-