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High Court of KeralaWP(C)/38955/2015disposed of

Jacob Oommen v. State Of Kerala

2015-12-22Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 38955 of 2015 (T) ---------------------------- PETITIONER :

--------------------- JACOB OOMMEN AGED 53 YEARS, S/O. KOCHUMMEN MANATHARAYIL HOUSE, VAZHUTHANAM PALLIPAD, HARIPAD, PROPRIETOR OF - THE ROYALE GARDENS, NANGIARKULANGARA P.O., HARIPAD, ALAPPUZHA - 690 513.

BY ADV. SRI.A.KRISHNAN RESPONDENT(S) :

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

THE STATE OF KERALA REPRESENTED BY THE SECRETARY LABOUR & REHABILITATION DEPARTMENT TRIVANDRUM - 695 001.

2.

THE ASSESSING OFFICER THE AUTHORITY UNDER THE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT, 1996 DISTRICT LABOUR OFFICE ALAPPUZHA - 688 513.

3.

THE DEPUTY THASILDAR (R/R) KARTHIKAPPALLY TALUK ALAPPUZHA DISTRICT - 690 516.

R1 TO R3 BY GOVT. PLEADER SRI. R. RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 38955 of 2015 (T) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF ASSESSMENT ORDER DATED 2.7.2014.

EXT.P2 COPY OF ORDER DATED 24.7.2014 ISSUED BY THE GOVERNMENT. EXT.P3 COPY OF NOTICE DATED 9.9.2015 ISSUED U/S. 7 OF THE REVENUE RECOVERY ACT.

EXT.P3(a) COPY OF NOTICE DATED 9.9.2015 ISSUED U/S. 34 OF THE REVENUE RECOVERY ACT.

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

A.K.JAYASANKARAN NAMBIAR, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.38955 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December 2015

JUDGMENT

The petitioner, who is faced with Exts.P3 and P3(a) demand notices under the Revenue Recovery Act, for recovery of amounts confirmed against the petitioner by an order of District Labour Officer,under the provisions of Building And Other Construction Workers Welfare Cess Act, 1996, seeks only a grant of instalments to discharge his liability.

2. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 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 raised by the petitioner, I dispose the writ petition with the following directions:- (i) If the petitioner pays the amount demanded in Exts.P3 and P3(a) demand notices in eight equal and successive monthly installments commencing from 05.01.2016, then the further proceedings initiated

W.P.(c).No.38955 of 2015 : 2 :

against him by the respondents 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 respondents will be free to continue the proceedings against him from the stage at which they presently stand.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/