Wp(C)/15255/2009 Of Jabeer.k.a v. Agrl.income Tax And Sales Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 15255 of 2009(B) -------------------------- PETITIONER: --------------- JABEER K.A., AGED 50 YEARS,S/O.ABDUL KHADER, SHAFEEK MANZIL,SREE NARAYANA ROAD, SOUTH END, KAUSALYA NAGAR,ELAMAKKARA P.O., KALOOR, KOCHI-26. BY ADV. SRI.ESM.KABEER RESPONDENTS: ---------------------- 1. AGRICULTURAL INCOME TAX AND SALES TAXOFFICER, IIND CIRCLE, THODUPUZHA.OFFICER, IIND CIRCLE, THODUPUZHA. 2. P.S.PAREETH, S/O.SAIDU MUHAMMAD,PATHICKATHOTIYIL HOUSE, KERALA TIMBERS,ELAMDESAM, VALLIAMATTOM VILLAGE,THODUPUZHA. BY GOVERNMENT PLEADER ADV. MR. C.K. GOVINDAN . THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................. W.P.(C) No. 15255 OF 2009 ................................................................ Dated this the 3rd June, 2009 J U D G M E N T The petitioner is a 'surety' to the second respondent who is assessee before the first respondent. In connection with the dueamounts towards arrears of taxes for the assessment years1989-90 to 1995-96, the departmental authorities sought toproceed against the petitioner with coercive steps for causing theproperty to be sold on 9-6-2009. The case of the petitioner isthat he is prepared to remit the entire amount to clear thearrears due to the department so as to save his property andwith this intent he had approached the first respondent by filingExt.P6 representation, seeking to avail the benefit under theAmnesty scheme notified by the government. 2. Learned Government pleader appearing for the respondents submits that the Scheme though is in existence ason date (till 30thof this month ), necessary application in thisregard ought to have been submitted by the assessee himself.The leaned counsel appearing for the petitioner submits that thepetitioner will ensure that necessary petition seeking for the W.P.(C) No. 15255 OF 2009 benefit under the Amnesty Scheme will be caused to be filed bythe original assessee, i.e, the second respondent within twoweeks from today. 3. In the above circumstances, the first respondent isdirected to consider the claim for availing the benefit under theAmnesty Scheme enabling the defaulters to wipe out the liabilityas provided thereunder and to pass appropriate orders thereon,in accordance with terms of the Scheme, as expeditiously aspossible and at any rate within two weeks from the date ofreceipt of proper application to be submitted by the assessee. Itis made clear that till finalization of the proceedings as above, allcoercive steps pursued against the petitioner shall be kept inabeyance. The writ petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE.