Mathew Joseph vs The Addl.Registg. Authority on 23 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14124 of 2009(I)



1. MATHEW JOSEPH
                      ...  Petitioner

                        Vs

1. THE ADDL.REGISTG. AUTHORITY
                       ...       Respondent

                For Petitioner  :SRI.G.PRABHAKARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :23/05/2009

 O R D E R
                  P.R. RAMACHANDRA MENON, J.
               ........................................................................
                     W.P.(C) No. 14124 OF 2009
              .........................................................................
                        Dated this the 23rd May, 2009


                                  J U D G M E N T

The petitioner is the owner of a contract carriage bearing

NO. KL.11/V. 8109, for which he has paid the tax liability upto

the quarter ending on 30.09.2008. It is the case of the petitioner

that thereafter since the vehicle was garaged, it could not be put

to service. It is submitted that though necessary ‘G’ Form was

filed as to the non-use of the vehicle, it was stated by the

departmental authorities that the same is missing which has

caused much loss and hardship to the petitioner, whereby he has

been directed to clear the huge liability by way of tax .

2. However, the limited case of the petitioner in the present

proceedings is that he is ready and willing to clear the entire tax

liability for the quarter ending on 30.06.2009, provided some

breathing time is given so as to have the same discharged by

way of monthly instalments.

W.P.(C) No. 14124 OF 2009
2

3. Heard the learned Government Pleader as well.

4. After considering the facts and circumstances, the

petitioner is permitted to clear the tax liability, as aforesaid, by

way of five equal monthly instalments commencing from the

month of June, 2009. In view of the said benefit granted to the

petitioner, this Court thinks it fit and proper that the petitioner

will have to en-shoulder the liability towards additional tax as

well in respect of the delayed payment. It is also made clear that

till the entire tax liability is cleared, the vehicle shall not be put to

use on the road.

With the above observation, the Writ Petition is disposed

of.

P.R. RAMACHANDRA MENON,
JUDGE.

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