IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 32662 of 2008(L) -------------------------- PETITIONER(S): --------------- SASIDHARAN, ANEESH BHAVAN, ETTUMANOOR. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO TAXES SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMERCIAL TAX OFFICER, I CIRCLE, OFFICE OF THE SALE TAX OFFICER, KOTTAYAM. 3. DEPUTY TAHSILDAR (RR), TALUK OFFICE, KOTTAYAM. 4. VILLAGE OFFICER (ETTUMANOOR), VILLAGE OFFICE, ETTUMANOOR, KOTTAYAM. 5. SYAMALA.V. NAIR, SYAM NIVAS, ETTUMANOOR. BY GOVERNMENT PLEADER ADV.SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 32662 OF 2008 L ```````````````````````````````````````````````````` Dated this the 7th day of November, 2008 J U D G M E N T Petitioner challenges Ext.P5. Case of the petitioner is that the petitioner stood as surety for grant of registration to an assessee, namely the 5th respondent. Ext.P1 is the security bond. Recovery steps are taken against the petitioner for the sum of nearly Rs.10 lakhs. The petitioner has two complaints. Firstly, it is pointed out that the liability of the petitioner is limited to Rs.2 lakhs going by the security bond. Further, he prays for instalment facility. Ext.P5 order is passed pursuant to Ext.P4 judgment. In Ext.P4 judgment, it is found that the petitioner is liable to pay the amount without reference to the bond. 2. I heard learned counsel for the petitioner and learned Government Pleader. Learned Government Pleader submits that Ext.P1 is the only bond and going by Ext.P1, liability of the petitioner is limited to Rs.2 lakhs. Therefore, Ext.P5 is palpably unsustainable. I quash Ext.P5. Learned counsel for the petitioner prays that he may be granted some time to pay the amount. WPC.32662/08 : 2 : Learned Government Pleader opposes it and points out that in the facts of this case, instalment facility may not be given to the petitioner. Having regard to the totality of facts, writ petition is disposed of granting the petitioner six weeks time from today to pay the entire amount due as per Ext.P1 bond. (K.M.JOSEPH, JUDGE) aks