IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 29990 of 2009(P) -------------------------- PETITIONER(S): --------------- K.A.MOHAMMED S/O. ABDUL KHADER KUNNICKAL HOUSE, 10/931. MANTHRA ROAD, KOCHI-682004. BY ADV. SRI.SABU GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY ITS SECRETARY COMMERCIAL TAXES DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. 2. INSPECTING ASSISTANT COMMISSIONER COMMERCIAL TAXES DEPARTMENT, MATTANCHERRY KOCHI-682002. BY GOVT. PLEADER SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 29990 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of October, 2009 J U D G M E N T 1. Petitioner had approached this court on an earlier occasion aggrieved by Ext.P1 & P2 notices of revenue recovery, issued for realisation of arrears of Sales Tax due from him. In Ext.P3 judgment this court had permitted the petitioner to pay off the entire liability covered under Exts.P1 & P2 in eight equal monthly installments, starting from 20.10.2009. Grievance of the petitioner in this writ petition is that subsequent to filing of the earlier writ petition, yet another recovery notice was issued to him as evidenced by Ext.P4, seeking recovery of further amounts due with respect to the year 2003-04 & 2004-05. Limited prayer of the petitioner is to grant installment facility for payment of the amounts covered under Ext.P4 notice also. 2. Having considered facts and circumstances of the case, and the indulgence already shown through Ext.P3 , I W.P.(C)No. 29990 of 2009 -2- am of the opinion that a similar relief can be granted in this case also. 3. Accordingly the writ petition is disposed of directing the respondents to keep in abeyance further coercive steps pursuant to Ext.P4, if the petitioner makes payment of the amount covered therein in eight (8) equal monthly installments starting from 20.11.2009 and on or before the 20th day of every succeeding month. 4. It is made clear that on the event of default in payment of the installments as stipulated above the respondents will be at liberty to take further steps pursuant to Ext.P4 notice and on such event the petitioner will be precluded from raising any further challenge. C.K. ABDUL REHIM JUDGE shg/