IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13626 of 2010(C)
1. SMT.RAJEENA JOHNSON,
... Petitioner
Vs
1. THE REVENUE SECRETARY,
... Respondent
2. THE JOINT REGIONAL TRANSPORT OFFICER,
For Petitioner :SRI.I.DINESH MENON
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :23/04/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.13626 of 2010
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Dated 23rd April, 2010
JUDGMENT
The petitioner is the registered owner of a stage
carriage bus bearing registration No.KL-8 F 5252. Motor vehicles tax
in respect of the said vehicle was paid for the period up to
31.12.2009. Motor vehicles tax due for the period from 1.1.2010 to
31.3.2010 has not been paid. It is stated that the motor vehicles tax
payable for the current quarter, namely from 1.4.2010 to 30.6.2010
is also due. It is also stated that though the permit is valid and
current, due to mechanical complaints, the petitioner is not presently
operating the stage carriage bus and therefore she is not in a position
to pay the arrears of motor vehicles tax due for the period from
1.1.2010 to 30.6.2010 in lump. The petitioner also states that
contribution to the Kerala Motor Transport Workers’ Welfare Fund is
also due. The petitioner submits that though she had submitted
Ext.P2 representation dated 5.4.2010 before the Secretary to
Government, Revenue Department requesting for permission to pay
the motor vehicles tax due for the said period in instalments, orders
have not been passed thereon. In this writ petition, the petitioner
WP(C).No.13626/2010 2
seeks a direction to the first respondent to consider Ext.P2
representation and pass orders thereon within a time limit to be fixed
by this Court. In the alternative, the petitioner seeks a direction to
the second respondent to permit her to pay the arrears of motor
vehicles tax due in respect of her vehicle in four equal monthly
instalments.
2. I heard Sri.I.Dishesh Menon, learned counsel appearing
for the petitioner and Sri.K.P.Pradeep Kumar, learned Government
Pleader appearing for the respondents. The learned counsel for the
petitioner submitted that the petitioner will pay the arrears of motor
vehicles tax due for the period from 1.1.2010 to 30.6.2010 and
arrears of contribution to the Kerala Motor Transport Workers’
Welfare Fund in three equal monthly instalments, namely on or
before 30.4.2010, 30.5.2010 and 30.6.2010 and that upon the first of
such instalments being paid, she may be permitted to operate the
stage carriage. The learned Government Pleader appearing for the
respondents submitted that if the petitioner remits the instalments in
time, the respondents will permit him to operate the vehicle.
In the light of the aforesaid submissions, I dispose of this
writ petition with the following directions:
(i) The petitioner shall remit the arrears of motor vehicles
WP(C).No.13626/2010 3
tax payable in respect of the stage carriage bearing registration
No.KL-8 F 5252 for the period from 1.1.2010 to 30.6.2010 along with
interest thereon in three equal monthly instalments. The first of such
instalments shall be paid on or before 30.4.2010, the second on or
before 30.5.2010 and the third on or before 30.6.2010.
(ii) The petitioner shall also remit the arrears of
contribution to the Kerala Motor Transport Workers’ Welfare Fund
along with interest in three equal monthly instalments, namely on or
before 30.4.2010, 30.5.2010 and 30.6.2010.
(iii) In the event of the petitioner complying with the
aforesaid directions by remitting the instalments in time, the
respondents shall permit the petitioner to operate the stage carriage,
if it is covered by a valid permit.
(iv) If the petitioner does not comply with the aforesaid
conditions, it will be open to the official respondents to take
appropriate steps to realise the arrears of tax and also to prevent the
petitioner from operating the state carriage bus.
P.N.RAVINDRAN
Judge
TKS