The High Court of Kerala allowed the petitioner to pay the amount due under an exhibit P2 demand notice in ten monthly installments starting from 14.01.2019, keeping recovery proceedings in abeyance provided he complies.
Liability under Ext.P2 demand notice to be paid in ten equal monthly installments starting 14.01.2019; 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 DAMA SESHADRI NAIDU
THURSDAY,THE 13TH DAY OF DECEMBER 2018 / 22ND AGRAHAYANA, 1940
WP(C).No. 39604 of 2018
PETITIONER:
GEORGE K.M., AGED 63 YEARS S/O.MATHAI, CHEMBARATHICKAL HOUSE MUTHALAKODOM P.O., THODUPUZHA TALUK IDUKKI DISTRICT - 685 605.
BY ADVS. SRI.RUSSEL JOY SRI.JOHN JOSEPH(ROY)
RESPONDENTS:
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
SC S. KRISHNAMOORTHY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 39604 of 2018
2
JUDGMENT
The petitioner, faced with the Ext.P2 demand notice under Section 7
of the Revenue Recovery Act, seeks only installments to discharge the liability.
The writ petition is disposed of as above.
Sd/-
DAMA SESHADRI NAIDU JUDGE
WP(C).No. 39604 of 2018
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE THODUPUZHA MUNICIPALITY UNDER NO.B.A.NO.323/07-08 DATED 13/09/2010. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE DEMAND NOTICE UNDER S.7 OF THE REVENUE RECOVERY ACT UNDER NO.RRC NO.2018/2421/06 DATED 03/08/2018. |
| EXHIBIT P2 A | TRUE ENGLISH TRANSLATION OF EXHIBIT P2. |
| EXHIBIT P3 | TRUE COPY OF THE NOTICE UNDER S.34 OF THE REVENUE RECOVERY ACT UNDER NO.RRC NO.2018/2421/06 DATED 04/08/2018. |
| EXHIBIT P3 A | TRUE ENGLISH TRANSLATION OF EXHIBIT P3. |
| EXHIBIT P4 | TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 03/09/2018. |
| EXHIBIT P4 A | TRUE ENGLISH TRANSLATION OF EXHIBIT P4. |
| RESPONDENTS' EXHIBITS | |
| NIL | |
| // TRUE COPY // SD |
P.A. TO JUDGE |
1 issue framed by the court
Whether the petitioner can be allowed to discharge liability under a demand notice via installments.
2 provisions across 1 enactments
GEORGE K.M.
STATE OF KERALA
BUILDING AND OTHER CONSTRUCTIONS WORKERS WELFARE BOARD
THE ASSESSMENT OFFICER AND DISTRICT LABOUR OFFICER
THE DEPUTY TAHSILDAR (R.R.)
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
