High Court Kerala High Court

Mohammed Shereef vs The Deputy Tahsildar on 18 July, 2007

Kerala High Court
Mohammed Shereef vs The Deputy Tahsildar on 18 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22021 of 2007(V)


1. MOHAMMED SHEREEF, ALIKKAL HOUSE,
                      ...  Petitioner

                        Vs



1. THE DEPUTY TAHSILDAR,
                       ...       Respondent

2. THE REVENUE SECRETARY,

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :18/07/2007

 O R D E R
                          S. SIRI JAGAN, J.
                   ---------------------------------
                    W.P.(C)NO.22021 OF 2007
                  ------------------------------------
            DATED THIS THE 18th DAY OF JULY, 2007

                              JUDGMENT

The petitioner challenges proceedings under the Revenue

Recovery Act for recovery of motor vehicle’s tax due on the vehicle

belonging to the petitioner. The petitioner’s contention is the before

initiating proceedings, no demand has been served on the petitioner

under the Act. However, the petitioner confines his prayer for

permission to pay off the amounts in instalments.

2. I have heard the learned Government pleader also. In the

facts and circumstances of the case, I direct the respondents to permit

the petitioner to pay off the amount covered by Exts.P1 and P2 in ten

equal monthly instalments starting from 1.8.2007. Every subsequent

instalment shall be paid on the first working day of every succeeding

month. If the petitioner pays the instalments in time as directed

above, further proceedings pursuant to Exts.P1 and P2 shall be kept in

abeyance. However, if the petitioner commits default in payment of

any one of the instalments, the 1st respondent can continue

proceedings as per Exts.P1 and P2 without having to issue any notice

W.P.(c)No.22021/07 2

or proceedings in that regard.

The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE

Acd