Kerala High Court
WP(C)/41948/2017 of JAYAKUMAR Vs STATE OF KERALA on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 WP(C).No. 41948 of 2017 (P) ---------------------------- PETITIONER(S): ------------- JAYAKUMAR, S/O SREEDHARAN NAIR, SREENILAYAM, KATUKULAM P.O.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
WP(C).No. 41948 of 2017 (P)
----------------------------
PETITIONER(S):-------------
JAYAKUMAR,
S/O SREEDHARAN NAIR, SREENILAYAM,
KATUKULAM P.O. MANGALAMKUNNU, PALAKKAD
BY ADV. SRI.I.DINESH MENON
RESPONDENT(S):
--------------
1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, TAXATION DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695 001 REP. BY SECRETARY TO GOVERNMENT, TAXATION DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695 001
2. THE REGIONAL TRASNPORT OFFICER/TAXATION OFFICER PALAKAKD- 678 001 PALAKAKD- 678 001
BY SPL.GOVERNMENT PLEADER SMT.THUSHARA JAMES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER(S)' EXHIBITS-----------------------EXHIBITP1 TRUE COPY OF THE DEMAND NOTICE DATED 24-08-2017.
EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 22-12-2017.
RESPONDENT(S)' EXHIBITS : NIL----------------------- /TRUE COPY/
P. A. TO JUDGE
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Pn
DEVAN RAMACHANDRAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.41948 of 2017
- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29[th] day of December, 2017
JUDGMENT
The petitioner impugns Ext.P1 demand notice issued bythe Regional Transport Officer, Palakkad, requiring him tomake payment of an amount of Rs.86,960/-, along withAdditional Tax, which is allegedly due with respect to thepetitioner's stage carriage bearing Reg.No.KL-17 A 9447,operating on the route, Kalladikode TB - Shoranur, for theperiod from 01.10.2016 to 30.09.2017. The learned counselfor the petitioner concedes that the amount actually is nowdue up to 31.12.2017, being the period after Ext.P1 and heonly prays that the petitioner be allowed to pay off the entireamount, which is found due from him up to 31.12.2017, ininstallments.
2. Sri.Dinesh Menon, the learned counsel for thepetitioner submits that he is constrained to make this prayeron account of the great financial crisis that the petitioner iscurrently facing.
3. The learned Special Government Pleaderappearing on behalf of the respondents submits that since W.P.(c).No.41948 of 2017
: 2 :
large amounts are due from the petitioner, he should bedirected to pay off the same, within the shortest possible timeframe.
4. I have considered the rival contentions as above.
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Taking note of the financial constraints impelled by thepetitioner in this writ petition, I am of the view that in equity andfairness, the petitioner be allowed to pay off the entire amountsdue from him, with respect to his stage carriage up to31.12.2017 along with Additional Tax, in seven monthlyinstallments commencing from 15[th] of January, 2018. I order so.Needless to say, if the petitioner defaults in any of theinstallments as granted herein, the benefit of the judgment willstand withdrawn and the authorities will be at liberty to takefurther action in terms of Ext.P1 demand notice, as per law.
It goes without saying that if that the petitioner makes paymentof the amounts in terms of the judgment, all action pursuant toExt.P2 shall stand deferred.
The writ petition is ordered accordingly.
sm/
Sd/-
DEVAN RAMACHANDRANJUDGE
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