High Court Kerala High Court

A.P.Sebastian vs The Cess Assessing Officer on 28 July, 2010

Kerala High Court
A.P.Sebastian vs The Cess Assessing Officer on 28 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18777 of 2010(V)


1. A.P.SEBASTIAN, S/O.PAILY,
                      ...  Petitioner

                        Vs



1. THE CESS ASSESSING OFFICER
                       ...       Respondent

2. THE DEPUTY TAHASILDAR,

                For Petitioner  :SRI.P.A.ABDUL JABBAR

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :28/07/2010

 O R D E R
                     P.R.RAMACHANDRA MENON, J
                   ---------------------------
                        W.P(C) No.18777 of 2010-V
                   ----------------------------
                 Dated this the 28th day of July, 2010.

                            J U D G M E N T

The petitioner is challenging the correctness and sustainability

of Ext.P5 order passed by the first respondent fixing the liability of

the petitioner under the Building and other Construction Worker’s

Welfare Cess Act, 1996. Many a ground has been raised in the Writ

Petition including that the construction was effected by the

petitioner in 1993, ie much before the enactment and hence that no

liability can be mulcted upon the shoulders of the petitioner. It is

also stated that, prior to issuance of Ext.P1, no proceeding

whatsoever was issued to the petitioner at any point of time and this

being the position, Ext.P5 order passed by the first respondent is

liable to be interfered by this Court; submits the learned counsel.

2. The learned Government Pleader appearing for the

respondents submits, with reference to the statement filed on

2.7.2010, that the averments and allegations raised in the Writ

Petition are quite wrong and misconceived. It is asserted in the

statement that, before finalisation of the proceedings as per Ext.P5,

W.P(C) No.18777 of 2010-V 2

notice was issued to the petitioner by registered post. Copies of the

notices and postal acknowledgment card returned have been

produced before this Court as Annexure R1(a) to R1(e), along with

the statement. It is also pointed out that the petitioner, if at all

aggrieved, has a remedy as contemplated under the relevant

provisions of the statute and that the Writ Petition is not

maintainable under any circumstances.

3. The learned counsel for the petitioner submits that, the

averments were raised with all sense of bonafides; but in view of the

specific averments contained in the statement preferred by the

respondents, the petitioner does not intend to proceed with the

matter any further, even by availing the statutory remedy. The

learned counsel further submits that, the petitioner may be

permitted to clear the entire liability by way of reasonable

instalments.

4. Heard the learned Government Pleader as well.

5. Considering the facts and circumstances, the petitioner

is permitted to clear the liability under Ext.P5 by way of ‘five’ equal

monthly instalements, at the rate of Rs.10,000/- each; the first of

which shall be effected on or before 30th of August, 2010; to be

W.P(C) No.18777 of 2010-V 3

followed by similar instalments to be effected on or before the 30th

of the succeeding months. The last instalment will be only for the

requisite amount, so as to top up the figure, to clear the remaining

liability. Subject to this, the recovery proceedings stated as being

pursued against the petitioner shall be kept in abeyance for the time

being. It is however made clear that, if any default is committed by

the petitioner in clearing the liability as above, it will be open for the

respondents to proceed with the coercive steps for realisation of the

entire amount in a lump sum.

The Writ Petition is disposed of.

Sd/-

P.R.RAMACHANDRA MENON
JUDGE

//True Copy//

P.A to Judge

ab

W.P(C) No.18777 of 2010-V 4