Saud Vayanoli Poyil vs Deputy Tahsildar
2021 Latest Caselaw 3334 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                     WP(C).No.2376 OF 2021(V)


PETITIONER:

               SAUD VAYANOLI POYIL
               AGED 45 YEARS
               S/O.ABDULLA HAJI VAYANOLI POYIL, THEKKUMMURI,
               THRIPPANGOTTUR-670 693.

               BY ADV. SRI.C.K.SREEJITH

RESPONDENTS:

      1        DEPUTY TAHSILDAR
               THALASSERY TALUK, THALASSERY-670 101.

      2        THE SECRETARY,
               CALICUT CORPORATION, CALICUT-673 001.


               BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL,
               BY ADV.SRI.V KRISHNA MENON, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.2376 of 2021                2




                                JUDGMENT

The limited prayer of the petitioner, who is faced with Exts.P1 and

P2 demand notices for arrears of licence fees, is for the grant of

instalments to discharge the said liability.

2.I have heard the learned counsel appearing for the petitioner,

the learned Government Pleader appearing for the 1 st respondent and

also the learned Standing counsel for the 2nd respondent.

On a consideration of the facts and circumstances of the case and

the submissions made across the bar and also 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 amounts demanded in Exts.P1 and P2 demand notices under the Revenue Recovery Act in 10 equal and successive monthly installments commencing from 15.02.2021, then further proceedings for recovery 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 recovery proceedings against him from the stage at which they presently stand.

(iii) It is further made clear that inasmuch as it is in exceptional cases that this Court would grant the reliefs aforementioned, no further petition for modification/extension of time will be entertained.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

mns/29.01.2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 30.06.2020.

EXHIBIT P2 THE TRUE COPY OF THE NOTICE FOR THE ATTACHMENT OF LAND DATED 30.06.2020.

EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 29.12.2020.

EXHIBIT P4 THE TRUE COPY OF THE RECEIPT ISSUED BY THE CALICUT CORPORATION DATED 29.12.2020.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE