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Shanavas A.S

High Court Of Kerala|19 November, 2014
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JUDGMENT / ORDER

Coercive proceedings taken by the 2nd respondent on the requisition made by the 1st respondent, based on Exts.P2 to P5 assessment orders for the different assessment years, made the petitioner to approach this Court by filing this writ petition.
2. The learned counsel for the petitioner points out that, the petitioner was undergoing treatments for serious ailments involving renal transplant in November, 2008, as borne by Ext.P1 Medical Certificate dated 10.11.2014. Because of the consequences followed, the petitioner was not in a position to contest the matter properly, and Exts.P2 to P5 assessment orders have become final. The relief sought for in the writ petition is to permit the petitioner to liquidate the liability in a phased manner, so as to enable him to save the property notified to be sold tomorrow as per Ext.P6 sale notice.
3. Heard the learned Government Pleader as well, who submits that the total outstanding liability as on date is nearly W.P.(C) No.30697 of 2014 2 Rupees Two lakhs plus collection charges.
4. After hearing both the sides, the writ petition is disposed of, directing the petitioner to satisfy the entire outstanding liability by way of 'eight' equal monthly instalments, the first of it shall be effected on or before the 10th of December, 2014, followed by similar installments, to be effected on or before the 10th of the succeeding months. Subject to this, confirmation of the sale, if any, pursuant to Ext.P6 shall be kept in abeyance, till such time. 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 respondents 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.
P.R. RAMACHANDRA MENON, JUDGE sp
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Title

Shanavas A.S

Court

High Court Of Kerala

JudgmentDate
19 November, 2014
Judges
  • P R Ramachandra Menon
Advocates
  • Sri Paul Mathew
  • M Raj Mohan