High CourtsSingle Bench(2023) 05 KL CK 0220

Ajeesh George vs Iritty Municipality Represented By Its Secretary, Iritty, Kannur District., Pin 670703

High Court Of Kerala · Decided on 26 May 2023

HON’BLE JUDGES
C.S Dias, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 11008 Of 2023

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Judgment

10 paragraphs · 281 words

C.S.Dias, J

1.

The writ petition is filed to direct the first respondent to permit the petitioner to pay the building tax in ten equated monthly installments.

2.

The petitioner’s case is that, he is the owner of a building bearing No.10/364 under the first respondent. The first respondent has issued Ext.P1 demand notice seeking to recover an amount of Rs.1,80,600/-. The petitioner is prepared to pay off the amount in ten equated monthly installments. Hence, the writ petition.

3.

Heard; Sri. C.P.Peethambaran, the learned counsel appearing for the petitioner, Sri. Ravi Sankar, the learned counsel appearing for the first respondent and the learned Government Pleader appearing for the second respondent.

4.

Having considered the pleadings and materials on record, and taking note of the limited relief prayed for in the writ petition, I am inclined to allow the writ petition.

Resultantly, I dispose of the writ petition in the following manner:-

(i) The petitioner is permitted to pay off the demanded amount in Ext.P1 in ten equated monthly installments commencing from 1.7.2023 after deducting an amount of Rs. 75,000/-, which has already been deposited pursuant to the interim order passed by this Court.

(ii) The respondents are directed to defer further proceedings pursuant to Exts.P2 and P3 revenue recovery notices, to enable the petitioner to pay the amounts in installments.

(iii) Needless to mention, if the petitioner commits default in respect of any of the conditions ordered above, he will lose the benefit of this judgment and the respondents would be at liberty to proceed with recovery proceedings from the stage it presently stands.

(iv) It is made clear that, no further application for modification/extension of time shall be entertained.