High Court Kerala High Court

Asharaf vs The Revenue Secretary on 10 July, 2009

Kerala High Court
Asharaf vs The Revenue Secretary on 10 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19103 of 2009(G)


1. ASHARAF, S/O.AVARAN HAJI,
                      ...  Petitioner

                        Vs



1. THE REVENUE SECRETARY,
                       ...       Respondent

2. THE TAHSILDAR,

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  : No Appearance

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

 Dated :10/07/2009

 O R D E R
                 P.R. RAMACHANDRA MENON, J.
              ........................................................................
                  W.P.(C) No. 19103 OF 2009
             .........................................................................
                       Dated this the 10th July, 2009

                                 J U D G M E N T

The grievance of the petitioner is against the coercive steps

taken by the respondents for realisation of the amount stated as

due from the petitioner towards the arrears of tax payable under

the Kerala Motor Vehicles Taxation Act 1976 .

2. The case of the petitioner is that the concerned stage

carriage could not be plied during the period in question for which

he could not file the requisite G Form before the concerned

authority under the Kerala Motor Vehicles Taxation Act. The

learned Counsel for the petitioner submits that by virtue of the

fate he is now working as cleaner in some other vehicle

particularly when the stage carriage owned by him could not be

operated any further since the same has been seized by the

financier, to whom huge liability is still there. The learned

Counsel for the petitioner submits that every earnest effort is

being taken to see that the liability to the respondents towards

tax arrears is cleared within no time. The learned Counsel for

the petitioner seeks for six months’ time to wipe out the entire

W.P.(C) No. 19103 OF 2009

2

liability, which is nearly Rs. 1.5 lakhs, so as to enable him to

save his property from being sold in public auction scheduled to

be held on 16th of this month.

3. Heard the learned Government Pleader as well.

4. Considering the facts and circumstances, the petitioner

is directed to clear the entire liability by way of six equal

monthly installments, the first of which shall be paid on or before

30.07.2009 followed by similar installments to be effected on or

before the 30th of the succeeding months. Subject to the above,

the coercive steps now being taken against the petitioner

pursuant to Ext. P1 shall be kept in abeyance. It is made clear

that if any default is committed by the petitioner in clearing the

liability as aforesaid, the respondents will be at liberty to

proceed with further steps from the stage where it stands now,

for realisation of the entire liability in a lump sum.

The Writ Petition is disposed of as above.

P.R. RAMACHANDRA MENON,
JUDGE.

lk