Issue involved in this writ petition relates to refund of excess amount of penalty paid by the petitioner. The amount of penalty imposed was considerably reduced by the appellate authority. On the basis of the revision of penalty, the petitioner claims that there is excess payment to the tune of Rs.4,05,269/-. From Ext.P1 it is evident that the 3rd respondent had issued a letter to the 2nd respondent requesting to take necessary steps to effect refund of the excess payments, stating that it will take more than three years to adjust the amount in future bills. Ext.P1 letter was issued as early as on 03.07.2012. But it is complained that no action was taken to approve the refund. When the petitioner approached the 3rd respondent, Ext.P2 letter was issued on 27.04.2013 stating that the matter is under consideration of the 2nd respondent. Being aggrieved by the inaction in settling the accounts and in effecting repayment of the excess remittance, this writ petition is filed. 2. Heard; standing counsel appearing on behalf of respondents. It is evident that considerable amount is due to W.P.(C). No. 28316 of 2013 -2-
the petitioner for refund. But the authorities are taking a lethargic attitude and prolonging the matter indefinitely. Despite the 3rd respondent had requested the 2nd respondent to take necessary steps in the matter, as early as in the year 2012, the account is not finalised and no refund is seen effected. It is for the respondents to settle the account and to effect refund of the excess amount due to the petitioner. Interest of justice will be achieved by directing to take a prompt decision in the matter, within a time limit.
3. Therefore this writ petition is disposed of by directing respondents 2 and 3 to settle claim of the petitioner with respect to refund of the excess amount paid and to effect payment of eligible amounts at the earliest possible, at any rate within a period of 2 months from the date of receipt of a copy of this judgment.
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C.K. ABDUL REHIM, JUDGE /true copy/ P. A. to Judge Pn