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K.G.Joy

High Court Of Kerala|07 November, 2014
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JUDGMENT / ORDER

The petitioner has approached this Court with the following prayers :
“(i) Call for the records leading to the issue of Exhibits P2 & P3 and to quash the same by issue of a writ of certiorari; and
(ii) Issue a writ of mandamus forbearing the respondent from taking any further steps for realization of any amount to any extent pursuant to Exhibit P2 notice till the disposal of this Writ Petition (civil).
(iii) Direct the 1st and 3rd respondents to dispose of Exhibits P4, P5 and P6 petitions as expeditiously as possible.
(iv) Issue any other order, Writ or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.
2. The learned counsel for the petitioner submits that the assessment finalized as per Ext. P3 order was served to the petitioner on 23.10.2014. Since it contains some errors on the face of the W.P.(C) No. 29407 of 2014 : 2 :
records, the petitioner has preferred Ext. P5 petition for rectification. It is also stated that the petitioner has also filed Ext.P6 petition for waiver and that same is also pending consideration before the first respondent. Meanwhile, the petitioner is confronted with Revenue Recovery proceedings, which made the petitioner to approach this Court by way of this writ petition.
3. Heard the learned Government Pleader as well.
4. The learned counsel for the petitioner submits that the petitioner is ready to satisfy the entire liability, subject to outcome of the proceedings to be finalized by the first respondent, pursuant to Exts. P5 and P6.
5. In the above circumstances, the petitioner is set at liberty to clear the entire liability covered by Ext. P3 by way of 'three' equal monthly installments; the first of which shall be effected on or before the 30th of November, 2014; followed by similar installments to be effected on or before the 30th of the succeeding months. Subject to this, coercive proceedings stated as being pursued against the petitioner shall be kept in abeyance. The first respondent is directed to consider and pass appropriate orders on W.P.(C) No. 29407 of 2014 : 3 :
Exts. P5 and P6 petitions, in accordance with law, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. It is made clear that satisfaction of liability by the petitioner as above will be subject to the orders to be passed by the first respondent on Exts. P5 and P6.
Petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps.
The Writ Petition is disposed of.
kmd sd/-
P. R. RAMACHANDRA MENON, (JUDGE)
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Title

K.G.Joy

Court

High Court Of Kerala

JudgmentDate
07 November, 2014
Judges
  • P R Ramachandra Menon
Advocates
  • Sri Kmv Pandalai Smt
  • S Hemalatha