IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19103 of 2009(G)
1. ASHARAF, S/O.AVARAN HAJI,
... Petitioner
Vs
1. THE REVENUE SECRETARY,
... Respondent
2. THE TAHSILDAR,
For Petitioner :SRI.I.DINESH MENON
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :10/07/2009
O R D E R
P.R. RAMACHANDRA MENON, J.
........................................................................
W.P.(C) No. 19103 OF 2009
.........................................................................
Dated this the 10th July, 2009
J U D G M E N T
The grievance of the petitioner is against the coercive steps
taken by the respondents for realisation of the amount stated as
due from the petitioner towards the arrears of tax payable under
the Kerala Motor Vehicles Taxation Act 1976 .
2. The case of the petitioner is that the concerned stage
carriage could not be plied during the period in question for which
he could not file the requisite G Form before the concerned
authority under the Kerala Motor Vehicles Taxation Act. The
learned Counsel for the petitioner submits that by virtue of the
fate he is now working as cleaner in some other vehicle
particularly when the stage carriage owned by him could not be
operated any further since the same has been seized by the
financier, to whom huge liability is still there. The learned
Counsel for the petitioner submits that every earnest effort is
being taken to see that the liability to the respondents towards
tax arrears is cleared within no time. The learned Counsel for
the petitioner seeks for six months’ time to wipe out the entire
W.P.(C) No. 19103 OF 2009
2
liability, which is nearly Rs. 1.5 lakhs, so as to enable him to
save his property from being sold in public auction scheduled to
be held on 16th of this month.
3. Heard the learned Government Pleader as well.
4. Considering the facts and circumstances, the petitioner
is directed to clear the entire liability by way of six equal
monthly installments, the first of which shall be paid on or before
30.07.2009 followed by similar installments to be effected on or
before the 30th of the succeeding months. Subject to the above,
the coercive steps now being taken against the petitioner
pursuant to Ext. P1 shall be kept in abeyance. It is made clear
that if any default is committed by the petitioner in clearing the
liability as aforesaid, the respondents will be at liberty to
proceed with further steps from the stage where it stands now,
for realisation of the entire liability in a lump sum.
The Writ Petition is disposed of as above.
P.R. RAMACHANDRA MENON,
JUDGE.
lk