Allowed

Tharun G. Kumar v. the District Collector

Kerala HC14 Jan 2016WP(C)/1042/2016

Case brief

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What is this about?

The Court disposed of a writ petition filed for grant of instalments to pay defaulted motor vehicle tax dues. The Court allowed payment in eight monthly instalments starting 15.02.2016 to keep proceedings in abeyance, warning that default would result in resumption of recovery proceedings.

What did the court decide?

Order permitting payment of demanded tax dues with interest in eight equal monthly instalments starting 15.02.2016 to stay recovery proceedings.

Tharun G. Kumar Vs the District Collector — Kerala HC (2016) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THURSDAY, THE 14TH DAY OF JANUARY 2016/24TH POUSHA, 1937

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WP(C).No. 1042 of 2016 (E)

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PETITIONER:

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THARUN G. KUMAR, KULAPPURATHU HOUSE, KILILOOR, KANJIRAM, KOTTAYAM.

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BY ADVS.SRI.SAJEEVAN KURUKKUTTIYULLATHIL SMT.SARITHA THOMAS

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, KOTTAYAM-686002.

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2. THE ROAD TRANSPORT OFFICER (RTO), KOTTAYAM-686002.

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3. THE DEPUTY THASILDAR (RR), KOTTAYAM-686002.

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BY GOVERNMENT PLEADER SMT.LILLY.K.T.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 1042 of 2016 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT-P1: TRUE COPY OF THE NOTICE DATED 08/12/2015 ISSUED BY THE 3RD RESPONDENT, U/S 34 OF THE REVENUE RECOVERY ACT.

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EXHIBIT-P2: TRUE COPY OF THE NOTICE DATED 08/12/2015 ISSUED BY THE 3RD RESPONDENT, U/S 7 OF THE REVENUE RECOVERY ACT.

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.S. TO JUDGE

mbr/

A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C) No.1042 of 2016

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- - - - Dated this the 14^th day of January 2016

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JUDGMENT

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The petitioner, who is faced with revenue recovery action, for recovery of defaulted motor vehicle tax dues, seeks only the grant of instalments to discharge the liability, under Exts.P1 and P2 notices.

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I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

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On a consideration of the facts and circumstances of the case and the submissions made across the Bar, and taking note of the plea of financial hardship urged on behalf of the petitioner, I dispose the writ petition, with the following directions:-

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i) If the petitioner pays the amount demanded in Exts.P1 and P2, together with interest and other charges, in eight equal and successive monthly instalments, commencing from 15.02.2016, then further proceedings pursuant to Exts.P1 and P2 shall be kept in abeyance.

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W.P.(c).No.1042 of 2016

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: 2 :

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(ii) It is made clear that if the petitioner commits a default in respect of any of the installments, he will lose the benefit of this judgment and the respondents will be free to continue the recovery proceedings against him from the stage at which they presently stand.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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sm/

Tharun G. Kumar v. the District Collector

Case brief

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Tharun G. Kumar v. the District Collector

Case brief

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