The petitioner was running a 'Bar Hotel' at Pudukad. But the FL 3 licence was cancelled by the competent authorities along with other similarly situated persons having a total number of 418 bar hotels. It is stated that, very heavy commitment has been mulcted upon the petitioner because of the abrupt stoppage of the Bar and the financial assistance availed from different corners has to be discharged, also settling the dues payable to the workers. It is in the course of such proceedings, that the petitioner has been served with Ext.P1 Sale Notice, proposing to sell the property belonging to the petitioner for the dues to the tune of `5,45,578/- towards arrears of Sales Tax, under the Kerala Motor Vehicle Taxation Act and such other heads.
2. Heard the learned Government Pleader as well.
3. The learned counsel for the petitioner submits that, the petitioner does not intend to dispute the liability and the prayer is only to enable the petitioner to liquidate the liability by way of reasonable installments. Learned counsel further submits that, WP(c). No. 2 the sale did not take place on 9.10.2014, and the same stands adjourned by two weeks.
4. After hearing both the sides, and also considering the limited extent of relief sought for, and the undertaking given to satisfy the 'entire liability', this Court finds that, the petitioner can be given some breathing time to wipe off the liability. Accordingly, the petitioner is directed to pay the entire liability by way of 'eight' equal monthly instalments, the first of it shall be effected on or before the 30th of October, 2014, followed by similar installments, to be effected on or before the 30th of the succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance, for the time being. It is made clear that, if any single default is committed with regard to the satisfaction of the 'liability' as above, it will be open for the respondent to proceed with further steps for realization of the entire amount in lump, by pursuing such steps from the stage where it stands now.
The writ petition is disposed of.
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P.R. RAMACHANDRA MENON, JUDGE.
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