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High Court of KeralaWP(C)/33025/2015disposed of

Shiju v. The District Collector

2015-10-30Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 WP(C).No. 33025 of 2015 (C) ------------------------------------------- PETITIONER(S) :

-------------------------- SHIJU, S/O.KRISHNANKUTTY, VATTAPPARAYIL HOUSE, AMBALAPPADY BHAGAM, VANNAPPURAM P.O., VANNAPPURAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

BY ADV. SRI.M.V.RAJENDRAN NAIR RESPONDENT(S) :

----------------------------

1. THE DISTRICT COLLECTOR, COLLECTORATE, KUYILIMALA, IDUKKI DISTRICT- 685 603.

2. THE VILLAGE OFFICER, VANNAPPURAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT- 685 585.

BY GOVERNMENT PLEADER SMT.LILLY.K.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 33025 of 2015 (C) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- EXHIBIT P1: TRUE COPY OF NOTICE DATED 16.09.2015 ISSUED BY THE RESPONDENT.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 33025 of 2015 ===================================================== Dated this the 30th day of October, 2015

JUDGMENT

The petitioner, who is faced with Ext.P1 demand notice under the Kerala Revenue Recovery Act, for recovery of the amounts confirmed against him by an award of the Motor Accident Claims Tribunal, Idukki, seeks only a grant of installment for discharging the liability due to the respondents.

2.

I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for the respondents.

3.

On a consideration of the facts and circumstances of the case and the submissions made across the bar, and taking into account the plea of financial hardship urged on behalf of the petitioner, the writ petition is disposed with the following directions:

(i) The total amount due from the petitioner as evidenced by Ext.P1 notice is Rs.67,589/- together with accrued interest and other charges. Accordingly, if the petitioner remits the aforesaid amount of Rs.67,589/- together with accrued interest and other

-2W.P.(C). No. 33025 of 2015 charges in six equal and successive monthly installments commencing from 30.11.2015, then the recovery steps initiated against him by the respondent shall be kept in abeyance.

(ii) It is made clear that if the petitioner commits a default in respect of any of the installments, he will lose the benefit of this judgment and the respondent will be free to continue the recovery proceedings against him from the stage at which they presently stand.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /30.10.15