IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 4344 of 2009(P) ------------------------------------ PETITIONER(S): ---------------------- 1. THRESIAMMA RAPHAEL,W/O.LATE M.I RAPHAEL, AGED 84 YEARS,MANJOORAN HOUSE,MANJOORAN LANE, ALUVA,ERNAKULAM DISTRICT. 2. GEORGE RAPHAEL,S/O.LATE M.I.RAPHAEL, AGED 54 YEARS,MANJOORAN HOUSE,MANJOORAN LANE, ALUVA,ERNAKULAM DISTRICT. BY ADV. SRI.KURIAN ANTONY EDASSERY RESPONDENT(S): ------------------------- 1. DEPUTY TAHSILDAR,(R.R),ALUVA. 2. VILLAGE OFFICER (SPECIAL) REVENUE RECOVERY,ALUVA. 3. AGRICULTURAL INCOME TAX AND SALES TAX OFFICER,ADIMALI,IDUKKI. BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.4344 of 2009-P ---------------------------------------------- Dated, this the 27th day of March, 2009 J U D G M E N T Heard learned counsel for the petitioner and learned Government Pleader. 2. Petitioners challenge Exts.P1 to P4 demand notices. The prayers in the writ petition are to direct the 3rd respondent to produce the files of the proceedings against the petitioners of the assessment year 1987-88, the modified order No.A I 1227/87 dated 29-7-2002 and to direct the Ist and 2nd respondents to file a statement as to whether any amount is due from the petitioners as per the modified order and demand notice Exhibit P-5 after deduction of the amounts already remitted by the petitioner vide Exhibit P-8 to P-18.The Ist petitioner is a widow aged 84 years and 2nd petitioner is the son of the Ist petitioner. Revenue recovery dues are apparently abkari dues. According to the petitioners, no amounts are due. Learned Government Pleader, on instruction submits that there is an order of the Tribunal in T.A.No.141/2000. The total amount due is nearly WPC No.4344/2009 -2- Rs.2,29,000/-. Learned counsel for the petitioners submits that petitioners will pay off Rs.30,000/- and petitioners will work out their remedy in respect of the orders passed by the Tribunal. He seeks some time to pay off the amount. The writ petition is disposed of as follows: Petitioners are permitted to pay off Rs.30,000/- in two equal instalments. The first instalment shall be paid on or before the 10.4.2009 and the next insalment shall be paid on or before 10.5.2009. If the petitioners do not pay any of the instalments as aforesaid, petitioners will lose benefit of this judgment and proceedings against the petitioners can go on, in accordance with law. (K.M.JOSEPH) JUDGE. MS