IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27151 of 2009(L)
1. SATHEESH T.S.
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.GEORGEKUTTY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :25/09/2009
O R D E R
C.K.ABDUL REHIM, J.
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W.P.(C).No.27151 OF 2009
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Dated this the 25th day of September, 2009
J U D G M E N T
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1. Petitioner is aggrieved by the steps for recovery
initiated under the provisions of the Kerala Revenue Recovery
Act for realisation of arrears of Sales Tax and Motor Vehicles
Tax, pursuant to issuance of Ex.P2 notice. Demand in Ext.P2 is
for realisation of an amount of Rs.3,29,795/-. According to the
petitioner steps are now being pursued for attachment and sale
of homestead of the petitioner and he is in stringent financial
constraints to pay off the liability in a lump sum. The limited
prayer of the petitioner is to allow him a reasonable time for
payment of the amount covered under Ext.P2 in installments.
2. Having considered the facts and circumstances and
considering the limited prayer of the petitioner for installment
facility on his undertaking that he is relinquishing all challenges
against the legality and correctness of the demand and the
proceedings, I am inclined to show indulgence for permitting the
petitioner to pay off the entire liability within a reasonable time
in installments.
3. Accordingly the writ petition is disposed of directing
W.P.(C).27151/09 2
the 2nd respondent to keep all further coercive steps pursuant to
Ext.P2 notice in abeyance, if the petitioner makes payment of the
amount covered therein along with interest and collection
charges if any due, in 6 equal monthly installments starting from
15.10.2009 and on or before the 15th day of the succeeding
months.
4. It is made clear that on failure in payment of any of
the installments, the respondents are at liberty to proceed with
further steps as provided under law.
C.K.ABDUL REHIM, JUDGE.
okb