IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 11073 of 2007(R) -------------------------- PETITIONER: -------------- M.MOHAMMED SAJEED, S/O.ABDULLA, RESIDING AT THOUFEEQUE MANZIL, PALLIKKARA, THAVAM P.O., CHERUKUNNAM. BY ADV. SRI.T.M.SREEDHARAN RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR. 2. THE TAHSILDAR, TALUK OFFICE, KANNUR. 3. THE SALES TAX OFFICER, TALIPARAMBA, KANNUR DISTRICT. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 11073 OF 2007 R = = = = = = = = = = = = = = = Dated this the 11th February, 2008 J U D G M E N T The challenge in this writ petition is against the proceedings that were initiated against the petitioner under Section 65 of the Revenue Recovery Act. 2. In the writ petition itself the petitioner has stated that he is willing to pay the arrears which is the subject matter of the proceedings. By an interim order dated 30.3.2007 this Court had directed that if the petitioner remits the amount of Rs.1 lakh, he shall not be arrested. It is now submitted by counsel for the petitioner that the interim order has been complied with by remitting the amount on 4.4.2007. 3. If that be so, what remains is the payment of balance amount and the petitioner reiterates his willingness to pay the amount and requests that he be granted an instalment facility to discharge the dues. W.P.(C) No.11073 of 2007 - 2 - 4. After hearing the counsel for the petitioner and the learned Govt. Pleader, I feel that the petitioner should be allowed to discharge the liability and avoid arrest. Accordingly, I direct that the balance amount due in respect of the proceedings which is the subject matter of Exts. P1 and P2 notices shall be paid by the petitioner in monthly instalments of Rs.25,000/- each. The first instalment shall be payable on the first week of March, 2008 and the balance instalments will be payable in the first week of every succeeding month. Subject to payment as above, the proceedings in Exts. P1 and P2 and Exts. P7 and P8 shall not be enforced against the petitioner and in case the petitioner commits default in paying the instalments, the respondents will be free to implement the order and take action against the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-