Shri. P.P.Vinod v. The Secretary, Edakkad Grama Panchayat

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 11TH DAY OF NOVEMBER 2015/20TH KARTHIKA, 1937 WP(C).No. 2492 of 2014 (J) --------------------------- PETITIONER:

------------------- SHRI. P.P.VINOD MANAGING DIRECTOR, SADHOO MERRY KINGDOM, CHALAKKUNNU THOTTADA, KANNUR DISTRICT-670006 (A UNIT OF SADHOO ENTERTAINMENTS PRIVATE LTD). BY SENIOR ADVOCATE SRI.T.M.SREEDHARAN BY ADVS.SRI.V.P.NARAYANAN SMT.BOBY M. SEKHAR SMT.DIVYA RAVINDRAN RESPONDENTS :

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1. THE SECRETARY, EDAKKAD GRAMA PANCHAYAT P.O.THOTTADA, KANNUR-670 007.

2. THE DEPUTY DIRECTOR OF PANCHAYAT CIVIL LINES, KANNUR-670 002.

3. STATE OF KERALA, REP. BY SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIATE, THIRUVANANTHAPURAM-695001.

R1 BY ADV. SMT.N.SHAMNA R2 & R3 BY SR. GOVT. PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-11-2015, ALONG WITH WP(C) NO. 9828/2015 & WP(C) NO. 24135/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 2492 of 2014 (J) ------------------------------------- APPENDIX PETITIONERS' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF THE NOTICE NO.AC-7229/2012 DATED 20.12.2012 ISSUED BY THE FIRST RESPONDENT.

EXT.P2 TRUE COPY OF THE NOTICE DATED 8.7.2013 ISSUED ALONG WITH ANNEXURE (RELEVANT PAGES) THERETO ISSUED BY THE FIRST RESPONDENT.

EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 8.8.2013 SUBMITTED BEFORE THE MINISTER FOR PANCHAYAT AND SOCIAL WELFARE. EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 13.12.2013 SUBMITTED TO THE 2ND RESPONDENT.

EXT.P5 TRUE COPY OF LETTER DATED 7.1.2014 ISSUED BY THE FIRST RESPONDENT.

EXT.P6 TRUE COPY OF LICENCE NO.C3.59 DATED 25.2.2013 ISSUED BY THE FIRST RESPONDENT.

EXT.P7 TRUE COPY OF ACKNOWLEDGMENT DATED 24.12.2013 RECEIVED FROM THE 3RD RESPONDENT.

EXT.P8 COPY OF THE NOTICE DATED 10.3.2014 ISSUED BY THE 1ST RESPONDENT.

EXT.P9 COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT BEFORE THE JUDICIAL IST CLASS MAGISTRATE COURT, THALASSERY. EXT.P9 IN IA NO.4180/15 COPY OF THE NOTICE DATED 10.3.2015 (RR DEMAND NOTICE) ISSUED BY 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION. EXT.P10 COPY OF THE SUMMONS DATED 24.8.2014 ISSUED BY THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THALASSERY. EXT.P11 NIL EXT.P12 COPY OF THE GOVERNMENT ORDER NO. 314/2015/L.S.G.D. DATED 3.10.2015 ISSUED BY THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

V. CHITAMBARESH, J.

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W.P.(C).Nos.2492 of 2014, 9828 & 24135 of 2015 ............................................... Dated this the 11th day of November, 2015

JUDGMENT

The Government has by Ext.P12 order in W.P.(C) No.2492 of 2014 quantified the entertainment tax due from the petitioner at Rs.7,50,000/- per year. The dues are in respect of the years 2013 - 2014, 2014 - 2015 and 2015 - 2016 challenging which these three writ petitions are filed. 2.

I permit the petitioner to pay the dues in three bi-monthly instalments starting from 30.11.2015. The petitioner in other words has to pay a total sum of Rs.7,50,000/- for the three years together once in every two months. The same sans interest shall be paid without a single default in order to avert the coercive proceedings.

3.

The respondents are free to initiate coercive steps in case the petitioner commits any one default in the instalments fixed as above. Needless to say the amounts already paid by the petitioner shall be duly credited and the balance alone need be paid for the final instalments.

The writ petitions are disposed of.

Sd/- (V.CHITAMBARESH, JUDGE) AMV/12/11/