V.P.Bava vs The Deputy Tahsildar (Rr)
2021 Latest Caselaw 12111 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE T.R.RAVI

    TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943

                        WP(C).No.9777 OF 2021(V)


PETITIONER/S:

                V.P.BAVA,
                AGED 68 YEARS,
                S/O.BAPPUTTY HAJI, R.V.VATTAPARAMBIL HOUSE, VELLERI,
                PONNANI, MALAPPURAM DISTRICT, NOW RESIDING AT
                R.V.MANZIL, PONNANI, MALAPPURAM DISTRICT.

                BY ADVS.
                SRI.BABU S. NAIR
                SMT.SMITHA BABU
                SMT.DIYA P.JISON
                SRI.P.A.RAJESH
                SMT.SHAMSEERA. C.ASHRAF
                SRI.R.B.RAJESH
                SHRI.BHARATH MOHAN

RESPONDENT/S:

      1         THE DEPUTY TAHSILDAR (RR),
                TALUK OFFICE, PONNANI, MALAPPURAM DISTRICT,
                PIN - 676 577.

      2         THE DEPUTY LABOUR OFFICER/ASSISTANT LABOUR OFFICER
                GR-I,
                ASSESSMENT OFFICER (BUILDING AND OTHER CONSTRUCTION
                WORKERS WELFARE CESS ACT, 1996), OFFICE OF THE
                ASSISTANT LABOUR OFFICER, UPHILL, MALAPPURAM,
                MALAPPURAM DISTRICT, PIN - 676 505.

                  SMT.DEEPA N., GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9777 OF 2021(V)                 2



                                T.R.RAVI, J.
               -----------------------------------------------
                       W.P.(C)No. 9777 of 2021
               -----------------------------------------------
             Dated this the 20th day of April, 2021.


                               JUDGMENT

Admit. Government Pleader takes notice for the

respondents. The second prayer in the writ petition is for a

direction to the respondents to grant 12 monthly instalments to

clear the amounts due as per Ext.P3 demand notice issued under

the Revenue Recovery Act. The amounts are claimed towards

dues under the Kerala Building and Other Constructions Workers

Welfare Cess Act.

2. Since the petitioner is limiting the relief by requesting for

grant of instalments for payment of the amounts due, this writ

petition is disposed of granting the petitioner permission to pay

the amounts demanded as per Ext.P3 in 10 equal monthly

instalments starting from 15.05.2021 and the subsequent

instalments to be paid on or before the the 15 th of the succeeding

months. If the petitioners makes default in payment in any of the

instalments as directed above, the respondents are free to proceed

with the revenue recovery proceedings as per Ext.P3. The

proceedings initiated as per Ext.P3 will be kept in abeyance solely

for the purpose of enabling the petitioner to make the payments

as stated above.

Sd/-

T.R.RAVI, JUDGE

DSV/21.4.21

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 2/2/2019 ISSUED BY THE 2ND RESPONDENT AS NO.B1- 3977/16.

EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 29/7/2019.

EXHIBIT P3 TRUE COPY OF THE NOTICES ISSUED BY THE 1ST RESPONDENT DATED 15/5/2020 UNDER SECTION 34 AND 7 OF THE REVENUE RECOVER ACT.

RESPONDENT'S/S EXHIBITS:

NIL

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