IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 38098 of 2007(I) -------------------------- PETITIONER: ------------ M/S.SAKTHI RUBBER INDUSTRIES, KOLLAKKADAVU INDUSTRIAL ESTATE, KALLIMMEL P.O., VIA. MAVELIKKARA, ALAPPUZHA DISTRICT REPRESENTED BY T.R.VISWANATHA WARRIER, MANAGER. BY ADV. SRI.ARIKKAT VIJAYAN MENON SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: ------------- 1. COMMERCIAL TAX OFFICER, MAVELIKKARA. 2. DEPUTY TAHSILDAR (RR), TALUK OFFICE, MAVELIKKARA. BY GOVT. PLEADER MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 38098 OF 2007 I = = = = = = = = = = = = = = = = Dated this the 1st January, 2008 J U D G M E N T Petitioner is in default of payment of sales tax dues as a result of which revenue recovery proceedings have been initiated. Thereupon steps have been taken under the Revenue Recovery Act and Ext. P6 notice has been issued which shows that the tax due from the petitioner itself is to the tune of Rs.3,33,608/-. In addition to this interest and other charges are also due. 2. Petitioner does not contest the liability on merits, but prayed for an instalment which has been turned down by Ext. P6 on the ground that once the matter is reported for revenue recovery, the respondents are incompetent to grant any such facility. It is in these circumstances the writ petition has been filed praying for an instalment facility for discharging the liability that is due from the petitioner. 3. I heard the learned Govt. Pleader also in this matter. WPC No. 38098/07 -2- 4. As already noticed, the petitioner is not disputing the liability as such. All that the petitioner seeks is an instalment facility to discharge the liability and to avoid revenue recovery action. 5. Having regard to the limited relief that is sought for by the petitioner and also taking into account the submissions made by the learned Govt. Pleader, I dispose of this writ petition directing that the amount due for the assessment years 1997-98 and 1998-99 in respect of which Ext. P6 revenue recovery notice has been issued will be permitted to be paid in five equal monthly instalments. The first instalment will be paid by the petitioner on 15.1.2008 and the subsequent instalments will be payable on the 15th of every succeeding month. Subject to payment as above, coercive action against the petitioner shall be deferred and in default of payment of any one of the instalments, the respondents will be free to proceed against the petitioner. ANTONY DOMINIC JUDGE jan/-