IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 RP.No. 1260 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31676/2008 .................... REVIEW PETITIONER(S): ---------------------------------- P.SUDHEERKUMAR, KUNIYIL HOUSE, P.O.PONNIYAM EAST, THALASSERY. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S): ------------------------ 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KANNUR. 2. THE TAHSILDAR, REVENUE RECOVERY, THALASSERY. R1 BY ADV. SRI. PAULSON C. VARGHESE. R2 BY GOVT. PLEADER SRI. BEJOY CHANDRAN. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - R.P. No.1260 of 2008 & WP.(C) No.31676 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of November, 2008 ORDER I heard learned counsel for the petitioner, learned Standing Counsel and the learned Government Pleader. 2. Petitioner challenges Ext.P6. Ext.P6 is a recovery notice under the Revenue Recovery Act. Exts.P2 to P4 are proceedings demanding advance contribution. Ext.P2 relates to 2001-2002 demanding an amount of Rs.29,949/- with interest. Ext.P3 relates to 2002-2003 demanding a sum of Rs. 31611/- with interest. Ext.P4 relates to 2003-2004. Ext.P6 would show that it relates to the periods 2000 to 2003. This court disposed of the writ petition directing Exts.P2 to P4 and P6 to be kept in abeyance on condition that the petitioner remits Rs.15,000/- and the balance in seven equal monthly instalments. 3. In this review petition it is stated that the contribution for the years 2001-2002, 2002-2003 and 2003-2004 has not been quantified and the petitioner is mulcted with liability. It is also stated that Government granted 30 instalments for paying contribution relating to the year 2003- 2004, which the petitioner is paying. Ext.P6 also does not relate to 2003- R.P.1260/2008. 2 2004. Learned counsel for the petitioner points out that he is put to hardship and without passing a final determination order he has to pay advance contribution. It is submitted that the petitioner is a conductor by profession. 4. Learned counsel Sri.Paulson C. Varghese submits that actually the petitioner is liable as per Ext.P6 for the period earlier than 2001-2002 and for that period final determination order was also passed. 5. I have in my judgment stayed Ext.P4 also. Actually the amount mentioned in Ext.P4 is not demanded in Ext.P6. According to the petitioner he has obtained instalment facility in respect of the assessment year 2003-2004 from the Government and there is no demand also in Ext.P6. In the circumstances, I feel that final determination order can be directed to be passed and in the meantime, recovery should be kept in abeyance on condition of deposit of some amount and some time can be given after the passing of the final determination for payment of the balance amount. The review petition is allowed, the judgment in the writ petition is recalled and the writ petition is disposed of as follows: Proceedings pursuant to Exts.P2, P3 and P6 will be kept in abeyance on condition that the petitioner remits a sum of Rs.20,000/- within R.P.1260/2008. 3 a period of two weeks from today. The first respondent will proceed to pass final determination order in respect of the years 2001-2002 and 2002-2003 within two months from the date of receipt of a copy of this judgment. After the passing of the final determination order petitioner will be permitted to pay off the amount in four equal monthly instalments commencing from the day on which fifteen days time expire after service of final determination order. If the petitioner does not pay Rs.20,000/- within two weeks from today, the petitioner will lose the benefit of this judgment and recovery can be proceeded against the petitioner in accordance with law. (K.M. JOSEPH, JUDGE) sb