IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 24484 of 2001(M)
1. JAMES T.PAILY
... Petitioner
Vs
1. R.T.A.IDUKKI
... Respondent
For Petitioner :SRI.P.GOPINATH
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :01/02/2008
O R D E R
C.N. RAMACHANDRAN NAIR, J.
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O.P. NO. 24484 OF 2001
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Dated this the 1st day of February, 2008
JUDGMENT
O.P. is filed challenging the demand of arrears of motor vehicle
tax due in respect of a vehicle. Even though interim order was granted
by this Court directing payment of Rs. 35,000/- as a condition for stay,
petitioner has not paid the same. Consequently there was no stay for
the last six years. According to the petitioner, vehicle was repossessed
by the financier on 30.6.1999 and was released to the petitioner on
16.6.2000. The further case of the petitioner is that vehicle had only
permit for short time and for the balance period for which demand is
raised, petitioner had no permit. If vehicle did not have fitness
certificate or permit, then of course tax at non-transport vehicle rate
could be recovered from the petitioner. In any case since no counter
affidavit is filed and having regard to the contentions raised, I feel one
more opportunity can be granted to the petitioner to get whatever
reduction that is permissible on conditions. If Rs. 50,000/- is paid
within two weeks from the date of receipt of a copy of this judgment,
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then there will be direction to the RTO to go through the RC book, and
verify the period for which vehicle is retained by the financier, the
period when vehicle had permit and the period when it was without
permit and fitness certificate and recompute the tax liability in
accordance with statute and in the light of the above. observations and
make suitable endorsement in the RC book and demand payment of
balance due. However, if the petitioner does not comply with the
above direction, recovery can be continued in terms of the original
demand.
O.P. is disposed of as above.
(C.N. RAMACHANDRAN NAIR)
Judge
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