The Court allowed a writ petition allowing the petitioner to clear a demanded amount in ten equal monthly instalments instead of immediate lump sum. Coercive action is stayed conditionally pending payment.
Petitioner permitted to pay the demanded amount with interest in ten equal monthly instalments; further coercive action stayed pending compliance.
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 MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 20TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944
WP(C) NO. 1231 OF 2023
PETITIONER:
YOONUS K.K. AGED 61 YEARS SON OF KOCHUNNI, RESIDING AT KALLUNGAL HOUSE, DARUSSALAM, THAIKKATTUKARA, ERNAKULAM DISTRICT, PIN - 683106
BY ADV PEEYUS A.KOTTAM
RESPONDENTS:
1 THE DISTRICT COLLECTOR THRISSUR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA, PIN - 680003
3 THE VILLAGE OFFICER PAZHAYANNOOR, PAZHAYANNUR ROAD, PAZHAYANNUR, KERALA, PIN - 680587
BY SRI.APPU.P.S-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.1231 OF 2023
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JUDGMENT Dated this the 20th day of February, 2023
This writ petition is filed seeking the following reliefs:
learned Government Pleader.
WP(C) NO.1231 OF 2023
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condition for the stay of further coercive proceedings. Learned counsel for the petitioner submits that the petitioner is in dire financial constraints and that some time may be granted to pay off the amounts in monthly instalments.
Having considered the contentions advanced on either side and taking note of the specific submission made by the learned counsel for the petitioner that the petitioner is facing severe financial constraints and requires some time to pay off the amounts demanded, this writ petition is disposed of with a direction to the respondents to permit the petitioner to make the balance payments due as per Exhibit P4 with interest due and charges in ten equal
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WP(C) NO.1231 OF 2023
monthly instalments. The first of such instalments shall fall due on 20.03.2023 and the further instalments shall be due on the corresponding day of the following months. In case, the petitioner makes the payments as directed above, within the dates as specified, further coercive action on the basis of Exhibit P4 shall be kept in abeyance, to enable the petitioner to pay off the entire amounts in the said instalments, as stated above. However, it is made clear that if the petitioner does not make the payments as stated above, he will lose the benefit of the judgment and further coercive action can proceed on the basis of Exhibit P4 from the stage where it stopped.
This writ petition is ordered accordingly.
Sd/ANU SIVARAMAN JUDGE
SSK/20/02
WP(C) NO.1231 OF 2023
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APPENDIX
| PETITION | ER EXHIB | ITS | ||
|---|---|---|---|---|
| Exhibit | P1 | THE TRUE C CERTIFICATE THE GENERAL |
OPY OF ISSUE MANAG |
THE ACKNOWLEDGEMENT OF D TO THE PETITIONER BY ER, DIC, THRISSUR |
| Exhibit | P2 | THE TRUE CERTIFICATE |
COPY ISS |
OF THE REGISTRATION UED BY GOVERNMENT OF |
| INDIA, MIN MEDIUM EN PETITIONER' |
ISTRY TERPRI S BRIC |
OF MICRO, SMALL AND SES IN THE NAME OF KS MANUFACTURING UNIT |
||
| Exhibit | P3 | THE TRUE RESPONDENT |
COPY GEOLOG |
OF THE ORDER OF 4TH IST DATED 12/08/2022 |
| Exhibit | P4 | THE TRUE ISSUED BY TAHSILDAR, 19.12.2022 RECOVERY P AMOUNT OF R |
COPY THE THAL FOR ROCEED S.2,92 |
OF THE DEMAND NOTICE 2ND RESPONDENT DEPUTY APPILLY TALUK DATED INITIATING REVENUE INGS FOR RECOVERING AN ,769/- |
| Exhibit | P5 | THE TRUE DATED 26. PETITIONER DEPUTY TAHS |
COPY 12.202 BEFOR ILDAR |
OF THE REPRESENTATION 2 SUBMITTED BY THE E THE 2ND RESPONDENT |
2 issues framed by the court
Whether a petitioner facing financial constraints can pay a recovery demand in monthly instalments.
Whether further coercive action should be kept in abeyance while payments are made in instalments.
YOONUS K.K.
THE DISTRICT COLLECTOR THRISSUR
THE DEPUTY TAHSILDAR THALAPPILLY TALUK
THE VILLAGE OFFICER PAZHAYANNOOR
GEOLOGIST, MINING & GEOLOGIST DEPARTMENT
ANU SIVARAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
