Ninish V.P. vs The Regional Transport Officer/ on 2 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34586 of 2009(P)


1. NINISH V.P., S/O.NARAYANAN,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT OFFICER/
                       ...       Respondent

2. THE SECRETARY TO GOVERNMENT, TRANSPORT

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :02/12/2009

 O R D E R
                     C.K.ABDUL REHIM, J.

                     ------------------------------
                  W.P.(C).No.34586 OF 2009
                     ------------------------------

          Dated this the 2nd day of December, 2009


                         J U D G M E N T

———————-

1. Limited prayer in this writ petition is to permit the

petitioner to pay the Motor Vehicle Tax in arrears with respect to

the vehicle bearing Regn:No:KL-18/E-1269, in installments.

According to the petitioner the tax due with respect to the

vehicle for the period from 1.10.2009 to 31.10.2009 is in arrears,

and the petitioner could not remit the tax within the time

stipulated due to unforeseen financial stringencies. It is stated

that eventhough the petitioner had approached the authority

seeking permission for payment of the amount in installments,

the same was not acceded to. Hence this writ petition.

2. Having considered facts and circumstances, I am of

the opinion that some indulgence can be shown in the matter of

permitting the petitioner to pay the arrears in installments.

Accordingly the writ petition is disposed of directing the 1st

respondent to receive Motor Vehicle Tax with respect to vehicle

bearing Regn:No:KL-18/E-1269, due for the period from

1.10.2009 to 31.12.2009, if the petitioner makes payment of the

amounts along with additional tax if any due in 3 equal monthly

W.P.(C).34586/09-P 2

installments, falling due on or before 15.12.2009 and on or

before the 15th day of the succeeding months.

3. It is made clear that on payment of the first

installment, the petitioner shall be permitted to ply the vehicle

provided there is no other arrears pertaining to any other period

and provided that the vehicle is not under detention of any

authority. The petitioner shall furnish an undertaking before the

1st respondent to the effect that he will not alienate ownership or

possession of the vehicle until entire tax arrears is cleared.

4. It is further made clear that on the event of default in

payment of any of the installments the respondents are free to

proceed with further steps of recovery as provided under the

law.

C.K.ABDUL REHIM, JUDGE.

okb