IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29200 of 2009(T)
1. T.S.SWAMINATHAN, THERAYANKODE HOUSE,
... Petitioner
Vs
1. THE REVENUE SECRETARY, REVENUE
... Respondent
2. THE REGIONAL TRANSPORT OFFICER/
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.29200 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 contract
carriage bearing No:KL-9/U-9650. Motor Vehicle Tax with
respect to the said vehicle for the present quarter from 1.10.09
to 31.12.09 could not be remitted within the time stipulated,
because of reasons beyond the control of the petitioner.
Grievance of the petitioner is that inspite of the petitioner
approaching the authorities concerned seeking permission for
payment of the amounts due, in installments, the petitioner was
not permitted to make payment of the amount and as a
consequence he is precluded from operating the vehicle.
Limited prayer of the petitioner is to permit him to pay off the
amount due in installments.
2. Having considered the facts and circumstances of the
case, I am inclined to permit the petitioner to pay Motor Vehicle
Tax due with respect to the current quarter within a reasonable
time in installments.
3. Accordingly the writ petition is disposed of directing
the 2nd respondent to receive the Motor Vehicle Tax due with
W.P.(C).29200/09-T 2
respect to the vehicle bearing Regn:No:KL-9/U-9650 pertaining
to the period from 1.10.2009 to 31.12.2009, if there are no
pending arrears, in 3 (three) equal monthly installments starting
on or before 31.10.2009, and on or before the last day of the
succeeding two months.
4. 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 pending arrears of Motor vehicle Tax. It is also made
clear that the petitioner shall furnish an undertaking before the
2nd respondent to the effect that he will not alienate ownership or
possession of the vehicle until the amount of tax is fully paid. It
is further made clear that the respondents are free to proceed
with further steps of recovery on the event of default in payment
of any installments as stipulated above.
C.K.ABDUL REHIM, JUDGE.
okb