IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 29252 of 2008(G) ---------------------------------------------- PETITIONER: ------------------- SASIDHARAN, ANEESH BHAVAN, ETTUMANOOR. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO TAXES, SECRETARIAT, THIRUVANANTHAPURAM. 2. SALES TAX OFFICER, I CIRCLE, OFFICE OF THE SALES TAX OFFICER, KOTTAYAM. 3. DEPUTY TAHSILDAR (R.R.), TALUK OFFICE, KOTTAYAM. 4. VILLAGE OFFICER (ETTUMANOOR), VILLAGE OFFICER, ETTUMANOOR, KOTTAYAM. 5. SYAMALA V. NAIR, SYAM NIVAS, ETTUMANOOR. R1 TO R4 BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 29252 OF 2008 G -------------------------------------- Dated this the 3rd October, 2008 JUDGMENT Two complaints are raised by the petitioner. Petitioner stood as a surety for the fifth respondent. Arrears are due from the fifth respondent under the Sales Tax Act for the assessment year 2000 - 2001. According to petitioner, he has executed a surety bond which is limited in a sum of Rs.2,00,000/= (Rupees Two Lakhs). Recovery in excess is illegal, he submits. Petitioner also prays that he may be permitted to pay off the amount in instalments, if it is found that he is liable to pay the amount. He has made these requests in Ext.P2. 2. I heard the learned counsel appearing for the petitioner and also the learned Government Pleader. The Writ Petition is disposed of directing the second respondent to consider and take a decision on Ext.P2 in accordance with law, within a period of two weeks from the date of receipt of a copy of this Judgment. WPC.29252/08 G 2 Till such time as a decision is taken, recovery steps against the petitioner will be kept in abeyance. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge