A.Sujaudeen vs State Of Kerala
2022 Latest Caselaw 433 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                      WP(C) NO. 29189 OF 2021
PETITIONER:

          A.SUJAUDEEN,
          AGED 66 YEARS
          S/O.ABBAS GANI, FATHIMA MANZIL, VENNALA P.O.,
          ARAKKAKADAVU, KOCHI-28.

          BY ADVS.
          SALISH ARAVINDAKSHAN
          N.JAGATH



RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT
          OF TAXES, ROOM NO.264, 2ND FLOOR, SOUTH BLOCK,
          SECRETARIAT, THIRUVANANTHAPURAM-695 001.

    2     THE DISTRICT COLLECTOR, ERNAKULAM,
          1ST FLOOR, CIVIL STATION, KAKKAND-682 030.

    3     THE SUB TREASURY OFFICER,
          ADDITIONAL SUB TREASURY, ERNAKULAM, KOCHIN-682 011.


OTHER PRESENT:

          SR GP SMT.K.AMMINIKUTTY




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29189 OF 2021            2

                             JUDGMENT

The petitioner says that even though he

preferred Ext.P3 application before the 2nd

respondent - District Collector, seeking refund of

certain unutilized Court Fee, it has not been yet

decided or disposed of. He, therefore, prays that

the District Collector be directed to take up Ext.P3

and dispose of the same, within a time frame to be

fixed by this Court.

2. Smt.K.Amminikutty, learned Senior Government

Pleader, answered the afore submissions of

Shri.N.Jagath - learned counsel for the petitioner,

saying that if Ext.P3 has not been yet disposed of,

there does not appear to be any legal impediment in

the District Collector doing so; however, praying

that this Court may not make any affirmative

declarations on the entitlement of the petitioner to

any relief and leave it to be decided by the

competent Authority, in terms of law.

In the afore circumstances, I order this writ

petition and direct the 2nd respondent - District

Collector to take up Ext.P3 application of the

petitioner - if it has not been already disposed of

- and decide upon it, after affording an opportunity

of being heard to him; thus culminating in an

appropriate order thereon, as expeditiously as is

possible, but not later than two months from the

date of receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/13.1

APPENDIX OF WP(C) 29189/2021

PETITIONER EXHIBITS

Exhibit P1 PHOTOCOPY OF CHELAN DATED 06.12.2008.

Exhibit P2 PHOTOCOPY OF RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 23.01.2019.

Exhibit P3 PHOTOCOPY OF THE APPLICATION DATED 07.11.2019.

Exhibit P4 PHOTOCOPY RECEIPT ISSUED BY THE OFFICE OF THE2ND RESPONDENT DATED 08.11.2019.

Exhibit P5 PHOTOCOPY OF LETTER ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 24.01.2020.

Exhibit P6 PHOTOCOPY OF THE LETTER NO.B/81/2020 DATED 31.01.2020.

Exhibit P7 PHOTOCOPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 03.02.2020.

Exhibit P8 OFFICE MEMORANDUM DATED 10.09.2021 OF 2ND RESPONDENT.