IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 22319 of 2010(L) ------------------------------------ PETITIONER(S): ------------------------ ROSE NELSON W/O.NELSON, HOUSE NO.26/1570, KANJIRAPARAMBIL HOUSE, THEVARA, ERNAKULAM. BY ADV. SRI.VINUCHAND RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM. 2. THE TAHSILDAR, (REVENUE RECOVERY), KANAYANNOOR TALUK, ERNAKULAM DISTRICT. 3. THE VILLAGE OFFICER, ELAMKULAM VILLAGE, ERNAKULAM. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 22319 OF 2010 -------------------------------------------- Dated this the 16th day of July, 2010 JUDGMENT The petitioner was the owner of the vehicle bearing No. KL 7 H 4543 (a Tempo Traveller), which however was sold by the petitioner to one Mr.Johny Fernandez on the strength of Ext.P1 sale agreement and handed over the possession, accepting the sale consideration as specified. It is however conceded that, there is a ‘hypothecation agreement’ in favour of the financier and this being the position, the demand raised on the petitioner by the revenue authorities vide Ext.P2 seeking to realize a total sum of Rs.47,800/- with further interest and collection charges towards the tax arrears and the liability in this regard (being registered owner of the vehicle) is not intended to be disputed and that the only relief now pressed before this Court is to permit the petitioner to clear the said liability by way of reasonable instalments. 2. The learned counsel submits that, the petitioner is also taking earnest efforts to trace out the vehicle and to avail other remedy in respect of transaction covered by Ext.P1; which does not forms part of the subject matter in the present Writ Petition. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the petitioner is 2 WP(C) No. 22319/2010 permitted to clear the liability shown in Ext.P2, by way of 'five' equal monthly instalments, the first of which shall be effected on or before the 30th of this month, to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to this, the recovery proceedings stated as being pursued against the petitioner shall be kept in abeyance. It is 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 accordingly. P.R.RAMACHANDRA MENON JUDGE dnc