IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12 of 2011(B)
1. M.I.SHIHABUDHEEN, S/O.MOHAMMED ISMAIL,
... Petitioner
Vs
1. REGIONAL TRANSPORT OFFICER,
... Respondent
For Petitioner :SRI.G.HARIHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :04/01/2011
O R D E R
C.K.ABDUL REHIM, J
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W.P(C) No.12 of 2011-B
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Dated this the 4th day of January, 2011.
J U D G M E N T
The petitioner is the registered owner of a stage carriage
bearing No.KL-07BG-3513, which is covered under a regular
permit, to operate on the route Kumily-Ernakulam. According to
the petitioner, motor vehicle tax due with respect to the vehicle
is in arrears, for the quarter commencing from 1.10.2010
onwards. According to the petitioner, since the vehicle was
garaged for major repairs, the petitioner is facing stringent
financial situations and he is not in a position to make payment
of arrears in lump sum. Hence the petitioner seeks indulgence
of this Court to permit payment of the arrears in instalments.
2. Having considered the facts and circumstances, I am
of the view that indulgence can be shown in permitting the
petitioner to make payment of the arrears of motor vehicles tax,
in instalments, within a reasonable time.
3. Accordingly, the writ petition is disposed of directing
the respondents to accept the arrears of motor vehicle tax due
with respect to vehicle bearing No.KL-07BG-3513, if the
W.P(C) No.12 of 2011-B 2
petitioner makes payment of the entire arrears along with
additional tax if any due in 3 (three) equal monthly instalments,
falling due on or before 31.1.2010 and on or before the last day
of succeeding months.
4. The respondent is directed to permit the petitioner to
ply the vehicle, on payment of first instalment of tax as directed
above, subject to condition of the petitioner submitting an
undertaking in the form of an affidavit to the effect that, he will
not part with ownership or possession of the vehicle or that he
will not cause anything which will diminish the value of the
vehicle, till the entire arrears of tax is paid.
5. It is made clear that the acceptance of tax as directed
above will be subject to satisfying other conditions stipulated
under the statute and that the directions issued above will not
stand in the way of the respondent from taking actions on the
basis of any other charge or for realising any other amount if
found due from the petitioner.
Sd/-
C.K.ABDUL REHIM
JUDGE
//True Copy//
ab P.A to Judge