IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28676 of 2008(L)
1. P.U.JISSAM, S/O P.K. UMMER,
... Petitioner
Vs
1. SPECIAL TAHSILDAR (RR),
... Respondent
2. SALES TAX OFFICER, CALICUT.
For Petitioner :SRI.IMTHIYAZ AHAMED
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :26/09/2008
O R D E R
K.M. JOSEPH, J.
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W.P.(C) No. 28676 OF 2008 L
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Dated this the 26th day of September, 2008
J U D G M E N T
Prayers in the writ petition are as follows.
(i) issue a writ of certiorari or such
other writ, direction or order to quash Ext.P5;
(ii) issue a writ of mandamus or such
other writ, order or direction commanding the
1st respondent not to proceed with the sale of
the property of the petitioner based on Ext.P5;
(iii) issue a writ of mandamus or such
other writ, order or direction directing the 1st
respondent to give ten equal instalments for
the payment of balance amount covered under
Ext.P5.
2. I heard learned Government Pleader also. Ext.P5
is the sale notice. The auction sale is proposed on 6.10.2008.
3. In such circumstances, I feel that the petitioner may
be permitted to approach the statutory authority seeking for
instalment facility and in the meantime, sale proceedings
pursuant to Ext.P5 can be put off for a period of one month on
WPC.28676/08
: 2 :
condition that the petitioner remits a sum of Rs.40,000/-
(Rupees forty thousand only) before the time of sale and the
petitioner also makes an application before the 2nd respondent
for payment of the balance amount in instalments. Ordered
accordingly. If the petitioner makes such an application
before the 2nd respondent, the 2nd respondent will take a
decision thereon and communicate the same within two
weeks from the date of receipt of the application to the
petitioner.
Writ petition is disposed of as above.
Sd/-
(K.M.JOSEPH, JUDGE)
aks
/TRUE COPY/
P.A.TO JUDGE