Dharmapalan vs The District Collector on 7 January, 2011

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Kerala High Court

Dharmapalan vs The District Collector on 7 January, 2011

Bench: C.K.Abdul Rehim

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 496 of 2011(J)


1. DHARMAPALAN, AGED 54 YEARS, S/O.RAGAVAN,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, THRISSUR,
                       ...       Respondent

2. THE DEPUTY TAHSILDAR (RR), TALUK OFFICE,

3. THE OFFICIAL LIQUIDATOR, HIGH COURT OF

                For Petitioner  :SRI.RAJIT

                For Respondent  :SRI.K.MONI

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :07/01/2011

 O R D E R
                      C.K.ABDUL REHIM, J.

                     = = = = = = = = = = = =
                      WP(C).No.496 of 2011-J.
                     = = = = = = = = = = = =

                  Dated this the 7th January, 2011.

                         J U D G M E N T

Challenge in this writ petition is against the revenue recovery proceedings initiated on the basis of Ext.P1 notices, issued under Section 34 and 7 of the Kerala Revenue Recovery Act. It is evident that the amount sought to be recovered is the amount due under a decree of this Court passed in a Company Claim, CC.No.154/2006 in CP.No.1/2000.

2. The petitioner could not successfully raised any challenge against the liability, since the decree in the company petition had attained finality and the petitioner has not chosen to challenge the same in any statutory appeal. Under such circumstance I find no merit in the contentions. However, learned counsel for the petitioner made an appeal to this Court to permit to remit the entire amounts in default, within a reasonable time, in instalments.

3. Heard learned Standing Counsel appearing for the Official Liquidator representing the company in liquidation.

4. Considering the limited prayer of the petitioner I am of WP(C).No.496 of 2011-J. 2 the view that some indulgence can be shown in permitting remittance of the amount within a reasonable time.

5. Hence the writ petition is disposed of directing respondents 1 and 2 to keep in abeyance further coercive steps of recovery on the basis of Ext.P1 notice, provided the petitioner is remitting the entire amount in arrears along with interest, if any due, in five equal monthly instalments falling due on or before 28.2.2011 and on or before the last day of the succeeding months.

6. It is made clear that on the event of default in payment of any one of the instalments, the respondent will be free to proceed with further steps pursuant to Ext.P1 recovery notice.

C.K.ABDUL REHIM, (Judge) Kvs/-

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