IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 17TH DECEMBER 2007 / 26TH AGRAHAYANA 1929 OP.No. 5586 of 1999(M) ---------------------- PETITIONER: ------------ N. ALAVI, NELLANCHERY HOUSE, VAKKAD P.O., MALAPPURAM. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENTS: ------------- 1. THE REVENUE DIVISIONAL OFFICER, THIRUR, MALAPPURAM. 2. THE TAHSILDAR, TALUK OFFICE, THIRUR, MALAPPURAM. BY GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/12/2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 9537 OF 1999 IN OP 5586 OF 1999 DISMISSED 17.12.2007 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REVISED PLAN SUBMITTED BY THE PETITIONER. EXT.P2 TRUE COPY OF THE ASSESSMENT ORDER DATED 10.3.1998 ISSUED BY THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE APPLICATION DATED 6.5.1998 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE ORDER NO. 2870/98/K DATED 31.12.1998 ISSUED BY THE FIRST RESPONDENT. EXT.P5 TRUE COPY OF THE ORDER REF.B.5820/98 DATED 16.1.1999 ISSUED BY THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE DEMAND NOTICE DATED 16.1.1999 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 5586 OF 1999 -------------------------------------------- Dated this the 17th day of December, 2007 JUDGMENT Since the prayer is only for instalment facility to clear the balance arrears of building tax, O.P. is disposed of granting four equal monthly instalments to the petitioner to clear the balance arrears of building tax with interest first of which will be paid on or before 10th January, 2008 and the balance on or before 10th of three succeeding months. I make it clear that interest at applicable rate should also be charged along with every instalment amount. Revenue recovery proceedings will be kept in abeyance for payments as above and if petitioner commits default in payment of any instalment, the instalment facility granted herein will stand automatically cancelled, and respondents will be free to proceed for recovery of entire arrears due. If payments are made voluntarily as above, then no collection charges will be collected from the petitioner. (C.N. RAMACHANDRAN NAIR) Judge 2