IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 9146 of 2009(K) ------------------------- PETITIONER(S): --------------- JOSE THOMAS, S/O.THOMAS PROPRIETOR M/S.JOSE THOMAS & COPY OF VATTAPPALLY, CHANGANACHERRY BY ADV. SRI.PRAVEEN K. JOY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY REVENUE DEPARTMENT SECRETARIAT, TRIVANDRUM 2. THE INSPECTING ASSISTANT COMMISSIONER COMMERCIAL TAX DEPARTMENT KOTTAYAM 3. THE COMMERCIAL TAX OFFICER 1ST CIRCLE, CHANGANACHERRY 4. THE DEPUTY TAHSILDAR(RR) CHANGANACHERRY TALUK KOTTAYAM 5. THE VILLAGE OFFICER, CHANGANACHERRY VILLAGE BY GOVERNMENT PLEADER MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.3.09 , THE COURT ON 20/03/2009 DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 9146 OF 2009 K ```````````````````````````````````````````````````` Dated this the 20th day of March, 2009 J U D G M E N T Prayers in the writ petition are as follows. (i) To call for the records leading to issuance of Ext.P1 and grant equally 18 monthly instalment facility to clear the arrears, under Ext.P1 demand notice for the arrears of the year 2006-07 and 2007-08 in the interest of justice; (ii) To issue a writ order or direction, the nature of mandamus directing respondent No.2 to dispose of Ext.P2 within a time limit and to keep in abeyance the recovery proceedings of respondents and to grant 18 monthly instalment facility to clear the arrears, in the interest of justice. 2. I heard learned counsel for the petitioner and learned Government Pleader. 3. Writ petition is disposed of as follows. Proceedings pursuant to Ext.P1 will be kept in abeyance on condition that the petitioner pays a sum of Rs.20,000/- before WPC.9146/09 : 2 : 31.3.2009 and pays off the balance amount in five equal monthly instalments, first of which shall be paid on or before 30.4.2009 and the further instalments shall be paid on or before the last working day of the succeeding months. If nothing has been done except issuing Ext.P1 or a notice under section 34, no collection charges will be levied from the petitioner. If the petitioner does not pay Rs.20,000/- or any of the instalments, the petitioner will lose the benefit of this judgment and it will be open to the respondents to proceed against the petitioner in accordance with law. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE