IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1112 of 2008(G)
1. K.P.MUHAMMED,S/O. KAMMAN HAJI,
... Petitioner
Vs
1. DISTRICT EXECUTIVE OFFICER
... Respondent
2. DEPUTY TAHSILDAR,(REVENUE RECOVERY)
3. VILLAGE OFFICER,VATTAKKULAM VILLAGE
For Petitioner :SRI.C.PRABIN BENNY
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :09/01/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 1112 of 2008
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Dated: January 9, 2008
JUDGMENT
The challenge in this writ petition is against Ext.P4 demand
notice issued on the basis of final determination order that has been
passed by the 1st respondent.
2. Although it is the contention of the petitioner that the
number of employees that have been taken as the basis is not
correct, since the final determination order has not been appealed
against, the petitioner cannot resist the steps taken for realisation
of the amount due in terms of the final determination that has been
done. If that be so, the challenge against Ext.P4 is to be rejected.
The petitioner then submits that he is willing to discharge the
liability in easy instalments.
2. I heard the standing counsel for the 1st respondent also.
3. Having regard to the financial constraints that are
expressed before me by the petitioner, I feel that the petitioner
should be allowed to discharge the liability in instalments.
WP(C) 1112/2008
Page numbers
4. Accordingly I dispose of the writ petition directing that the
petitioner be permitted to pay the amount due in terms of the final
determination order in six equal monthly instalments commencing
from the 20th of January, 2008 and the subsequent instalments
shall be payable on the 20th of every succeeding month. Subject to
payment as above, further proceedings under Ext.P4 will stand
deferred. If default is committed in paying any one of the
instalments, the respondent will be free to continue the action
pursuant to Ext.P4.
ANTONY DOMINIC, JUDGE
mt/-