Partly allowed

Abdul Sathar v. the Regional Transport Officer

Kerala HC18 Mar 2016WP(C)/2435/2016

Case brief

AI extract

What is this about?

In a writ petition concerning recovery proceedings for defaulted tax, the High Court of Kerala considered the petitioner's plea of financial hardship. The court disposed of the petition directing the petitioner to clear dues in six monthly installments, which would stay the recovery proceedings pending compliance.

What did the court decide?

High Court permitted payment of demanded tax amount in six equal monthly installments commencing from 28.3.2016, staying further recovery proceedings if compliant; default leads to resumption of proce

Abdul Sathar Vs the Regional Transport Officer — Service and Employment | Kerala HC (2016)

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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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FRIDAY, THE 18TH DAY OF MARCH 2016/28TH PHALGUNA, 1937

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WP(C).No. 2435 of 2016 (D)

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PETITIONER :

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ABDUL SATHAR S/O.YOUSUF KUNJU, NIZA MANZIL VALLIKUNNAM, MAVELIKKARA ALAPPUZHA DISTRICT.

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BY ADV. SRI.PRASAD CHANDRAN

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RESPONDENT(S) :

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1. THE JOINT REGIONAL TRANSPORT OFFICER MAVELIKARA, PIN - 690 101.

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2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY) TALUK OFFICE, MAVELIKARA - 690 101.

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3. THE VILLAGE OFFICER

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MAVELIKARA - 690 101.

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R1 TO R3 BY GOVT. PLEADER SRI. R. RANJITH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 2435 of 2016 (D)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT.P-1: TRUE COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT DATED 6.6.2015 IN RESPECT OF KL-04/T 9538.

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EXT.P-2: TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 3.7.2015.

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EXT.P-3: TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER 2ND RESPONDENT DATED 3.7.2015.

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EXT.P-4: TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 27.11.2015.

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RESPONDENT(S)' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C).NO.2435 OF 2016 (D) ----------------------------------Dated this the 18^th day of March, 2016

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J U D G M E N T

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The petitioner, who is faced with recovery proceedings for recovery of defaulted tax amounts, seeks only the grant of installments to discharge his liability under Ext.P4 notice.

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I have heard the learned counsel appearing for the petitioner, as also the learned Government Pleader appearing 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 also taking into account the plea of financial hardship raised by the petitioner, I dispose the writ petition with the following directions:-

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(i) If the petitioner pays the amount demanded in Ext.P4 notice in six equal and successive monthly installments commenicng from 28.3.2016, then the further proceedings for recovery initiated against

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W.P.(C).No.2435/2016

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him by the respondents shall be kept in abeyance.

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(ii) It is further 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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A.K.JAYASANKARAN NAMBIAR JUDGE

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prp/19/3/16

Abdul Sathar v. the Regional Transport Officer

Case brief

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Abdul Sathar v. the Regional Transport Officer

Case brief

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