IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 4641 of 2010(E) ------------------------- PETITIONER: --------------- MACKIMALAI TEA ESTATES PRIVATE LIMITED, CHIRAKKARA P.O., MANANTHAVADY TALUK, WAYANAD DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, K.I. SHERIEF. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, MANANTHAVADY, WAYANAD DISTRICT. BY GOVT. PLEADER SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02 /2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 4641 of 2010 -------------------------- Dated this the 11th February, 2010 J U D G M E N T In the course of steps being pursued by the respondents for realisation of the amounts due from the petitioner towards the 'Sales Tax and Agricultural Income Tax', Ext.P1 notice has been issued causing the immovable property of the petitioner to be put on sale scheduled on 16.02.2010, which is sought to be intercepted by this Court. 2. Heard Sri. Millu Dandapani, the learned counsel for the petitioner and the learned Government, who enters appearance on behalf of the respondents. 3. The learned counsel for the petitioner submits that the petitioner is confining the relief only to enable them to satisfy the entire liability covered by Ext.P1 notice by way of some reasonable instalments. 4. After hearing both the sides and also taking note of the limited extent of relief prayed for by the petitioner, this Court finds it fit and proper to permit the W.P (C) No. 4641 of 2010 2 petitioner to wipe off the entire liability by way of 'five' equal monthly instalments, the first of which shall be effected on or before the 27th of this month, to be followed by the subsequent instalments to be effected on or before the 27th of the succeeding months. Subject to the above, all further coercive steps pursuant to Ext.P1 shall be kept in abeyance. It is also made clear that, if any default is committed by the petitioner in satisfying the liability as above, the respondents will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of, as above. P.R RAMACHANDRA MENON JUDGE ma W.P (C) No. 4641 of 2010 3 W.P (C) No. 4641 of 2010 4