IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 28676 of 2008(L) -------------------------- PETITIONER(S): --------------- P.U.JISSAM, S/O P.K. UMMER, 12/1217, PALLIPARAMBIL, PANAYAPPALLY, KOCHI -12. BY ADV. SRI.IMTHIYAZ AHAMED SRI.SHIRAZ ABDULLA SRI.JOJO PAPPACHAN RESPONDENT(S): --------------- 1. SPECIAL TAHSILDAR (RR), OFFICE OF THE SPECIAL TAHSILDAR, KOCHI. 2. SALES TAX OFFICER, CALICUT. BY GOVERNMENT PLEADER ADV.SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 28676 OF 2008 L ```````````````````````````````````````````````````` Dated this the 26th day of September, 2008 J U D G M E N T Prayers in the writ petition are as follows. (i) issue a writ of certiorari or such other writ, direction or order to quash Ext.P5; (ii) issue a writ of mandamus or such other writ, order or direction commanding the 1st respondent not to proceed with the sale of the property of the petitioner based on Ext.P5; (iii) issue a writ of mandamus or such other writ, order or direction directing the 1st respondent to give ten equal instalments for the payment of balance amount covered under Ext.P5. 2. I heard learned Government Pleader also. Ext.P5 is the sale notice. The auction sale is proposed on 6.10.2008. 3. In such circumstances, I feel that the petitioner may be permitted to approach the statutory authority seeking for instalment facility and in the meantime, sale proceedings pursuant to Ext.P5 can be put off for a period of one month on WPC.28676/08 : 2 : condition that the petitioner remits a sum of Rs.40,000/- (Rupees forty thousand only) before the time of sale and the petitioner also makes an application before the 2nd respondent for payment of the balance amount in instalments. Ordered accordingly. If the petitioner makes such an application before the 2nd respondent, the 2nd respondent will take a decision thereon and communicate the same within two weeks from the date of receipt of the application to the petitioner. Writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE