IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29201 of 2009(U)
1. E.V.RANJITH, CHERIYATH HOUSE
... Petitioner
Vs
1. THE REGIONAL TRANSPORT OFFICER/
... Respondent
2. THE SECRETARY TO GOVERNMENT,
For Petitioner :SRI.I.DINESH MENON
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :16/10/2009
O R D E R
C.K.ABDUL REHIM, J.
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W.P.(C).No.29201 OF 2009
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Dated this the 16th day of October, 2009
J U D G M E N T
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1. Petitioner is the registered owner of a stage carriage
bearing Regn.No:KL-12/A-8899. According to the petitioner the
vehicle could not be operated from 1.1.2009 onwards and he
could not submit Form ‘G’ intimation regarding non-use of the
vehicle, within the stipulated time. Consequently, Motor Vehicle
Tax due for the period from 1.1.2009 onwards fell into arrears
and the 2nd respondent had issued Ext.P1 memo. Eventhough
the petitioner had approached the respondents seeking time for
paying off the entire tax liability in installments, the same was
not considered. Complaint of the petitioner is that since the
respondents are not permitting the petitioner to pay off the
liability in installments, the petitioner is precluded from
operating the vehicle and consequently severe financial loss is
being incurred. Limited prayer of the petitioner is to permit him
to pay off the liability of tax, in installments.
2. Having considered facts and circumstances of the
case, I am of the opinion that some indulgence can be shown in
the matter of permitting the petitioner to pay off the liability in
W.P.(C).29201/09-U 2
installments.
3. Accordingly the writ petition is disposed of directing
the 2nd respondent to receive Motor Vehicle Tax due with respect
to the petitioner’s vehicle KL-12/A-8899 for the period from
1.1.2009 onwards, including the current quarter, if the amount is
remitted in 4 (four) equal monthly installments starting from
31.10.2009 onwards and on or before the last of every
succeeding months. It is made clear that the petitioner shall be
permitted to operate the vehicle on payment of the 1st
installment, if there is no other arrears pending. The petitioner
is also directed to furnish an undertaking before the 2nd
respondent to the effect that he will not alienate ownership or
possession of the vehicle until the entire tax liability is cleared.
It is further made clear that on the event of default in payment of
any of the installments the 2nd respondent is free to take
recovery steps against the petitioner as provided under law.
C.K.ABDUL REHIM, JUDGE.
okb