Kerala High Court
Ajayaraj K vs The State Of Kerala on 2 December, 2016
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 18TH DAY OF JANUARY 2017/28TH POUSHA, 1938
WP(C).No. 1819 of 2017 (B)
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PETITIONER:
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AJAYARAJ K., S/O.RAJENDRAN,
29 YEARS, NITHYANANDA HOUSE, THULUVIL,
PARASSINIKADAVU P.O., KANNUR.
BY ADVS.SRI.G.SREEKUMAR (CHELUR)
SRI.K.ASHIS
RESPONDENT(S):
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1. THE STATE OF KERALA,REP. BY
THE SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. THE DISTRICT COLLECTOR
COLLECTORATE, KANNUR-679001.
3. THE INSPECTING ASSISTANT COMMISSIONER,
COMMERCIAL TAXES, KANNUR-679001.
4. THE VILLAGE OFFICER,
PARASSINIKADAVU VILLAGE, KANNUR-679001.
BY GOVERNMENT PLEADER SRI.V.K.SHAMSUDHEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18-01-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 1819 of 2017 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1 : A TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER DATED 2-12-2016.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.S. TO JUDGE
mbr/
K. VINOD CHANDRAN, J.
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W.P.(C)No.1819 of 2017 - B
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Dated this the 18th day of January, 2017
J U D G M E N T
The petitioner's prayer is only for instalment to liquidate the liability as per Ext.P1. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following terms:-
(i) The petitioner shall produce a certified copy of this judgment before the 3rd respondent within two weeks of receipt of the same.
(ii) The 3rd respondent shall quantify the amounts due and inform the petitioner in writing the amounts due as on 18.01.2017, within two weeks from today. 2 W.P.(C)No.1819/2017
(iii) The 3rd respondent shall grant nine monthly instalments for the payment of the balance dues, starting from 18.02.2017.
(iv) Recovery proceedings shall be kept in abeyance on condition of the remittances as per this order are being made without any default.
(v) On the petitioner making one default, the recovery steps initiated shall revive and continue.
(vi) On the 9th instalment being satisfied, the respondent shall issue a statement of the interest accrued from 18.01.2017 which shall be satisfied by the petitioner on the 18th of the next succeeding month.
(vii) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable. 3 W.P.(C)No.1819/2017
Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.
Sd/-
K. VINOD CHANDRAN, JUDGE SB/18/01/2017 // true copy // P.A to Judge