IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 29200 of 2009(T) -------------------------- PETITIONER(S): --------------- T.S.SWAMINATHAN, THERAYANKODE HOUSE, EZHAKKAD, MUNDOOR, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REVENUE SECRETARY, REVENUEDEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE REGIONAL TRANSPORT OFFICER/ TAXATION OFFICER, PALAKKAD. GOVERNMENT PLEADER SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.29200 OF 2009 ------------------------------ Dated this the 16th day of October, 2009 J U D G M E N T ---------------------- 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