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High Court of KeralaWP(C)/34017/2015disposed of

Fab Dye Kem v. The District Collector

2015-11-11Honourable Dr. Justice A.K.Jayasankaran Nambiar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 11TH DAY OF NOVEMBER 2015/20TH KARTHIKA, 1937 WP(C).No. 34017 of 2015 (B) ---------------------------- PETITIONER :

--------------------- FAB DYE KEM PRIVATE LIMITED INDUSTRIAL DEVELOPMENT AREA, AROOR ALAPPUZHA DISTRICT REPRESENTED BY ITS MANAGING DIRECTOR KOSHY THOMAS, THEEMBALANGATTU HOUSE, ARATTUKADAVU, VENNALLA, ERNAKULAM DISTRICT.

BY ADVS.SRI.SUBHASH CYRIAC SMT.SHEEBA JOSEPH SRI.BOBBY MATHEW KOOTHATTUKULAM RESPONDENT(S) :

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

1. THE DISTRICT COLLECTOR ALAPPUZHA, PIN- 688 001.

2. SUB REGIONAL TRANSPORT OFFICER, CHERTHALA,PIN- 688 524.

3. THE TAHSILDAR (REVENUE RECOVERY), CHERTHALA TALUK OFFICE, CHERTHALA- 688 524.

4. THE VILLAGE OFFICER, AROOR, ALAPPUZHA DISTRICT, PIN- 688 534.

R1 TO R4 BY GOVT. PLEADER SRI. R. RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 34017 of 2015 (B) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P1 TRUE COPY OF REGISTRATION CERTIFICATE OF THE VEHICLE KL-04-3652.

EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE KL-04-F 6747.

EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE DATED 22-09-2015. EXHIBIT P4 TRUE COPY OF THE OBJECTION OF THE PETITIONER TO EXT.P3. RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 34017 of 2015 ===================================================== Dated this the 11th day of November, 2015

JUDGMENT

The petitioner, who is faced with a demand notice for arrears of motor vehicle tax to an extent of Rs.19,700/- together with interest and other charges, seeks only the grant of installments to discharge the liability.

2.

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

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I direct that, if the petitioner discharges the liability of arrears of motor vehicle tax, as evidenced in Ext.P3 notice (Rs.19,700/- together with interest and other charges) in six equal and successive monthly installments, commencing from 30.11.2015, then further proceedings for recovery shall be kept in abeyance. 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 /11.11.15