By Adv. Sri.harisankar v. Menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27939 of 2009(J) -------------------------- PETITIONER(S): --------------- DR.K.A.KUNCHERIA, KAIPPALLIDATHIL, AYROOR, RANNY. BY ADV. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT(S): --------------- 1. AGRICULTURAL INCOME TAX AND COMMERCIAL TAX OFFICER, RANNY. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.27939 OF 2009 ------------------------------ Dated this the 6[th] day of October, 2009 J U D G M E N T ---------------------- 1.Grievance of the petitioner is that 1[st] respondent isnot giving effect to Ext.P1 to P8 appellate orders issued withrespect to assessment of Agricultural Income Tax for the yearsfrom 1978-79 to 1989-90. According to the petitioner if thedirection contained in the appellate orders are given effect, thepetitioner will be entitled to get refund of considerable amountof tax, already paid. The petitioner had submitted Ext.P9request in this regard before the 1[st] respondent. Ext.P9 is dated11.8.2009. Complaint of the petitioner is that inspite of lapse ofmany years since passing of the appellate orders and inspite ofspecific request made under Ext.P9, the 1[st] respondent is nottaking any effective steps for passing revised orders. 2.Having considered facts and circumstances of thecase I am of the opinion that the writ petition can be disposeddirecting the 1[st] respondent to pass revised orders at the earliest. Having considered facts and circumstances of the 3. In the result the writ petition is disposed of directingthe 1[st] respondent to consider Ext.P9 and to pass revisedassessments with respect to the years covered under Ext.P1 to P8, as early as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. C.K.ABDUL REHIM, JUDGE. okb