Padmanabhan V.P v. District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 WP(C).No. 35698 of 2015 (J) --------------------------------------- PETITIONER(S):

---------------------- PADMANABHAN V.P, AGED 49 YEARS, S/O.GANGADHARAN NAIR, 16/398, SUDERSANAM, MANNALURUKULAMBU, MOOLAMKODE P.O., KIZHAKKECHERY, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.BABY MATHEW RESPONDENT(S):

------------------------- 1.

DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD DISTRICT-678001.

2.

TAHASILDAR, TALUK OFFICE, ALATHUR, PALAKKAD DISTRICT-678014.

3.

VILLAGE OFFICER, KIZHAKKECHERY NO.1 VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT-678014.

BY GOVERNMENT PLEADER SMT.LILLY K.T.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 35698 of 2015 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF THE DEMAND NOTICE DATED 31/10/15 P2 - TRUE COPY OF THE DEMAND NOTICE DATED 2/11/15. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.35698 OF 2015 (J) ----------------------------------- Dated this the 25th day of November, 2015

J U D G M E N T

The petitioner, who is faced with Exts.P1 and P2 demand notices issued under the Kerala Revenue Recovery Act, for recovery of amounts confirmed against the petitioner by an award of the Motor Accidents Claims Tribunal, Palakkad, seeks only grant of installment facility for discharging the liability covered by the said two notices.

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

3. On a consideration of the facts and circumstances of the case as also the submissions made across the bar and also taking into account the plea of financial hardship raised by the petitioner, I direct that if the petitioner pays the amounts due from him, as noticed in Exts.P1 and P2 demand notices, in ten equal and successive monthly installments commencing from 15.12.2015, then further proceedings for recovery pursuant to Exts.P1 and P2 notices, shall be kept in

W.P.(C).No.35698/2015 abeyance. It is further 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 respondents will be free to continue the recovery proceedings against him from the stage at which they presently stand.

The writ petition is disposed as above.

A.K.JAYASANKARAN NAMBIAR JUDGE prp/25/11/15