IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 19264 of 2010(G) --------------------------------------- PETITIONER: ------------------- MONI SENAN,W/O.LATE E.K.CHANDRASENAN, PLOT NO.30,MONI MANDIR,PANAMPILLY NAGAR, KOCHI-36. BY ADVS. SRI.JOHN VARGHESE, SRI.T.SAJI. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT TAXES(G)DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-1. 2. EXCISE DEPUTY COMMISSIONER,EXCISE DIVISION OFFICE,ERNAKULAM,KOCHI-18. R1 & R2 BY GOVT. PLEADER SRI. DILEEP MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19264/2010-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DT. 02/06/2009 ISSUED BY THE R.1. EXT.P.2: COPY OF THE NOTICE DT. 04/07/2009 ISSUED BY THE R.2. EXT.P.3: COPY OF THE PETITION DT. 10/07/2009 SUBMITTED BEFORE THE R.1. EXT.P.4: COPY OF THE NOTICE DT. 08/06/2010 ISSUED BY THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.19264 OF 2010(G) -------------------------------------------------- Dated this the 7th day of October, 2010 J U D G M E N T The deceased husband of the petitioner was a party to the judgment in W.A. No.1184/93 and connected cases, where this court ordered that a total amount of Rs.28 lakhs shall be recovered from the deceased and also from the other contractors for payment of compensation to the victims. Accordingly, Ext.P1 order was issued by the Government requiring the four persons mentioned therein to pay the aforesaid amount. Accordingly, the deceased husband of the petitioner was issued Ext.P2 notice requiring him to remit Rs.7 lakhs being his share of the total amounts. In the meanwhile petitioner's husband expired and thereupon petitioner submitted Ext.P3 representation to the first respondent requesting that she be permitted to pay the amount due in ten equal monthly instalments. That request has been rejected and the same has been communicated to the petitioner by Ext.P4 order of the 2nd respondent. It is in these circumstances that the writ petition is filed. WPC.No. 19264/2010 :2 : 2. The petitioner does not dispute the liability to pay the amount and the request made by her is for granting an instalment facility. 3. I heard the Government Pleader also. Having regard to the fact that the liability is that of her deceased husband and what the petitioner seeks is only an instalment facility, I am inclined to think that the petitioner should be given an instalment facility, so that liability can be discharged, avoiding any coercive action. In that view, I direct that the petitioner shall pay the amount due in six equal monthly instalments, the first of which shall be paid on or before 30th of October, 2010 and the subsequent instalments shall be paid on or before 30th of every succeeding month. It is made clear that the said payment shall be made before the 2nd respondent, and that if any default is committed in paying any of the instalments, it will be open to the respondents to proceed against the petitioner in accordance with law. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 19264/2010 :3 :