IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 3505 of 2009(P) -------------------------------------------- PETITIONER(S): ---------------------- MARY VINCENT, THAIPARAMBIL HOUSE, A/2, HIGHWAY GARDEN APARTMENTS, VYTTILA P.O., ERNAKULAM. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE TAHASILDAR, KANAYANNUR TALUK ERNAKULAM. 3. THE VILLAGE OFFICER, ELAMKULAM ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN 8 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 3505 OF 2009 P -------------------------------------- Dated this the 3rd February, 2009 JUDGMENT Petitioner challenges Ext.P5. Ext.P1 is the assessment order passed under the Building Tax Act. Petitioner preferred Ext.P2. Apparently, the request was treated as a request for granting additional instalment facility to pay the amount. Pointing out that already four instalment facility had been granted and relegating the petitioner to approach the Government, Ext.P2 was disposed of by Ext.P5. I see no ground to interfere with Ext.P5. Ext.P2 cannot be maintained as either an Appeal or Revision Petition because it is barred. It was treated as an application for permission to pay the amount in additional instalments. As the District Collector rightly pointed out, he has no power to grant additional instalment facility. However, the Government has power to grant instalment facility upto ten with eighteen per cent interest. Learned counsel for the petitioner prays that the petitioner may be granted permission to WPC.3505/09 P 2 pay the amount in five instalments. He also submits that the petitioner will pay eighteen per cent interest. In such circumstances, the Writ Petition is disposed of permitting the petitioner to pay the entire balance amount due with eighteen per cent interest per annum in five equal monthly instalments, the first of which shall be payable on or before 1.3.2009 and the remaining instalments on or before the first working day of every succeeding month. If the petitioner does not pay any of the instalments, she will forfeit the benefit of this Judgment and the respondents will be free to proceed against the petitioner in accordance with law. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // 4 PS to Judge