IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 9351 of 2010(T) -------------------------------------- PETITIONER(S): ------------------------ MAY FAIR HOTEL, NH BYE PASS, PALARIVATTOM, REPRESENTED BY ITS MANAGING PARTNER, K.P.DAMODARAN NAIR. BY ADVS. SMT.S.K.DEVI, MR.M.RAJ MOHAN. RESPONDENT(S): --------------------------- 1. THE COMMERCIAL TAX OFFICER, DEPT.OF COMMERCIAL TAXES, II CIRCLE, KALAMASSERY AT EDAPALLY. 2. THE INSPECTING ASST.COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM, KOCHI-30. R1 & R2 BY GOVERNMENT PLEADER MR. C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.9351 of 2010-T ---------------------------- Dated this the 19th day of March, 2010. J U D G M E N T The petitioner is challenging the steps taken by the respondents under the Revenue Recovery Act for realisaton of the amount stated as due from the petitioner under the KGST Act. 2. Heard the learned Government Pleader as well. 3. The learned counsel appearing for the petitioner submits that the petitioner does not want to proceed with the challenge and that the only grievance now pressed before this Court is only to provide some breathing time, so as to enable the petitioner to clear the liability by way of reasonable instalments. 4. Taking note of the fact that the outstanding liability of the petitioner is about Rs.3,49,849/- plus collection charges as specified in Ext.P2, the petitioner is directed to deposit a sum of Rs.1 lakh on or before the 31st of this month. The balance amount shall be cleared by way of 'three' equal monthly instalments; the first of which shall be effected on or before the 30th of April, 2010; to be W.P(C) No.9351 of 2010-T 2 followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to the above, all further coercive proceedings pursuant to Exts.P2 shall be kept in abeyance. It is also made clear that, if any default is committed by the petitioner in satisfying the due amount as above, the respondents will be free to proceed with appropriate steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab W.P(C) No.9351 of 2010-T 3