IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 W.P.(C).No. 5177 of 2008 (N) ------------------------- PETITIONER: ----------- SMT.KAMALAMMA, W/O.VIDYADHARAN, AGED 50 YEARS, KINATTUKARAYIL, KARUVATTA NORTH, NOW RESIDING AT AYODHYA, EAST OF SUBRAHMANYA SWAMY TEMPLE, HARIPAD. BY ADV. SRI.SAJITH KUMAR V. RESPONDENTS: ------------- 1. VILLAGE OFFICER, KARUVATTA, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT. 2. THE DEPUTY TAHASILDAR (RR), KARTHIKAPALLY, ALAPPUZHA DISTRICT. 3. JOINT REGIONAL TRANSPORT OFFICER, KAYAMKULAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT FOR TRANSPORT, GOVERNMENT OF KERALA, TRIVANDRUM. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 5177 OF 2008 N = = = = = = = = = = = = = = = = Dated this the 13th February, 2008 J U D G M E N T Though the petitioner challenges the orders passed under the Kerala Motor Vehicles Taxation Act, the prayer now sought for is only to permit the petitioner to settle the matter by paying the dues in 24 equal monthly instalments. 2. I heard the Govt. Pleader who rightly points out that the liability having crystalised by Ext. P2 was issued as early as in 2004 and that there is no justification for the prayer now made by the petitioner. However, having regard to the financial constraints that is pressed into service by counsel for the petitioner I direct that the amount that is sought to be recovered in Ext. P3 will be permitted to be paid in 6 equal monthly instalments. The first instalment will be payable in the first week of March, 2008 and the subsequent instalments will be payable in the first week of every succeeding month. Subject to payment as above further proceedings pursuant to Ext. P3 shall be deferred and if default is committed the W.P.(C) No. 5177 OF 2008 -2- respondents will be free to continue the action that they have initiated as per Ext. P3. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-