IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 W.A.No. 2069 of 2008 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.18324/2008 DATED 24/07/2008 .................... APPELLANT/ PETITIONER: ------------------------------------- TONY SIMON.M., S/O. SIMON, MEKKATTUKULAM HOUSE, P.O. ANJUR, MUNDOOR, THRISSUR-680 549. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. THE ASSISTANT EXCISE COMMISSIONER, PALAKKAD. 2. THE EXCISE CIRCLE INSPECTOR, CHITTUR. 3. THE DEPUTY TAHSILDAR (RR), THRISSUR. 4. THE VILLAGE OFFICER, ANJOOR. BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No.2069 of 2008 ------------------------------------------ Dated, this the 23rd day of October, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.18324 of 2008 dated 24th July, 2008. By the impugned order, the learned Single Judge has rejected the writ petition. (2) After arguing the matter for quite some time and may be knowing the mind of the Court, the learned counsel appearing for the appellant requests us that his client may be permitted to pay up the sum of Rs.35,551/- with 18% interest, in easy instalments. (3) The aforesaid amount reflects the excise dues payable by the petitioner for the Abkari year 1997-98. The demand that is raised by the respondents is only in the year 2008. Keeping this fact in view, we feel that if some instalment facility as requested by the learned counsel for the appellant is granted, it would not cause any prejudice to the State. (4) Accordingly, while disposing of the writ appeal, we pass the following: ORDER i) The appellant herein shall pay the amount as demanded by the respondents in the revenue recovery notice dated 21.5.2008 in six W.A.No.2069 of 2008 2 monthly equal instalments starting from the month of December, 2008, on or before 5th of every month. ii) If for any reason, the appellant commits any default in paying the instalments granted by us, the respondents are at liberty to recover the entire dues from the appellant without reference to this Court. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns