IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 18069 of 2010(G) -------------------------- PETITIONER(S): --------------- K.BALAN, PRINCIPAL, MERCY COLLEGE, CHERUVANNUR, CALICUT DISTRICT. BY ADV. SRI.R.PARTHASARATHY SRI.C.JAYACHANDRAN RESPONDENT(S): --------------- 1. THE CALICUT CORPORATION REPRESENTED BY SECRETARY, KOZHIKODE. 2. THE DISTRICT COLLECTOR, KOZHIKODE. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18069 of 2010(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 17.5.2010. RESPONDENTS' EXHIBITS: NIL TKS // TRUE COPY // P.S. TO JUDGE C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.18069 of 2010 ---------------------------------------- Dated 17th February, 2011 JUDGMENT The petitioner is the Principal/Proprietor of Mercy College which is a parallel college being run in the building belonging to Calicut Corporation. This writ petition has been filed mainly challenging Ext.P1 and for a declaration that demand of penal interest over and above the interest on arrears in Ext.P1 notice is illegal and is without any authority. 2. I have heard the learned counsel for the petitioner and also the learned standing counsel appearing for the first respondent. 3. The learned standing counsel for the first respondent made available a copy of G.O.(Gen.)3454/2010/LSGD. dated 3.11.2010. Obviously, as per the said order dated 3.11.2010 the petitioner was absolved from paying the penal interest on the licence fee. In view of the said order, obviously, the petitioner need not pay an amount of Rs.38,504/- pursuant to the demand in Ext.P1. The learned counsel for the petitioner submits that the petitioner owns the liability to pay the licence fee as also the service tax. It is submitted that the petitioner would pay the service tax. In compliance with the interim order dated 10.6.2010 the petitioner has effected payment of an amount of WP(C).No.18069/2010 2 Rs.50,000/- towards the demand made as per Ext.P1. The learned counsel for the petitioner submitted that the petitioner may be permitted to pay the balance amount of Rs.2,07,541/- towards the licence fee in instalments. This writ petition is disposed of in the said circumstances permitting the petitioner to pay the balance amount of licence fee viz., Rs.2,07,541/- in four equal monthly instalments commencing from 10.3.2011 onwards. Needless to say that the petitioner shall pay the balance instalments towards the licence fee on the 10th day of every succeeding months till the entire arrears is wiped off. The amount due towards service tax Rs.28,965/- shall be paid by the petitioner on or before 31.3.2011. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge