The court allowed the petitioner to pay the outstanding revenue demand in six equal monthly installments, keeping recovery proceedings in abeyance. Failure to pay any installment results in forfeiture of this order.
Permission granted to pay the outstanding amount in six equal monthly installments; recovery proceedings stayed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 20TH DAY OF OCTOBER 2017/28TH ASWINA, 1939
WP(C).No. 28971 of 2017 (V)
PETITIONER:
ALI,
S/O.BAVA KUNJU, HOUSE NO.5/499, ALINAPARAMBU, KALAMASSERY P.O., ERNAKULAM.
BY ADV. SRI.PRASAD CHANDRAN
RESPONDENTS:
1. THE REGIONAL TRANSPORT OFFICER, ERNAKULAM, PIN-682030.
2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), KANAYANNUR TALUK, ERNAKULAM, KOCHI-682011.
BY GOVERNMENT PLEADER SRI.C.P.PRADEEP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 28971 of 2017 (V)
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF KL-05/B 7090. EXHIBIT P2: TRUE COPY OF THE INTIMATION SEND BY THE PETITIONER DATED 1.10.2016. EXHIBIT P3: TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 19.10.2016. EXHIBIT P4: TRUE COPY OF THE REVENUE RECOVERY NOTICES ISSUED BY THE 2ND RESPONDENT DATED 07.03.2017 & 14.03.2017.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
=========================================== W.P.(C). No. 28971 of 2017
===================================================== Dated this the 20th day of October, 2017
JUDGMENT
The limited prayer of the petitioner, who is faced with Ext.P4 revenue recovery notice, is for a permission to discharge the liability in the said demand notice in installments. The learned counsel for the petitioner would submit that out of the demand shown in Ext.P4 notice, an amount of Rs.15,000/- was paid by the petitioner as directed in the interim order dated 31.08.2017. Taking note of the said submission, I direct that, if the petitioner discharges the liability in Ext.P4, less the amount already paid by the petitioner as indicated above, in six equal and successive monthly installments commencing from 30.10.2017, then further proceedings for recovery of the amounts confirmed against the petitioner shall be kept in abeyance. 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.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
das/ 20.10.2017
1 issue framed by the court
Whether permission can be granted to discharge the revenue recovery liability in installments.
Ali
The Regional Transport Officer, Ernakulam
The Deputy Tahsildar (Revenue Recovery), Kanayannur Taluk, Ernakulam
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
