IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 30377 of 2009(N) -------------------------- PETITIONER(S): --------------- JAFFER (36 YEARS), S/O. HAMSA, OTTAKKANDATHIL HOUSE, NADUVATTOM AMSOM DESOM, TIRUR TALUK. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- THE TAXATION OFFICER (JOINT R.T.O.), SUB REGIONAL TRANSPORT OFFICE, QUILANDY, KOZHIKOD DISTRICT. GOVERNMENT PLEADER SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.30377 OF 2009 ------------------------------ Dated this the 27th day of October, 2009 J U D G M E N T ---------------------- 1. The petitioner had purchased a stage carriage vehicle bearing Regn.No:KL-56/5400 by virtue of Ext.P1 agreement dt.9.10.2009. Since the Motor Vehicle Tax due with respect to the vehicle for the quarter ending on 30.9.2009 was not paid by the previous owner, within the time stipulated, the petitioner could not ply the vehicle. It is submitted that tax due with respect to the vehicle for the quarter ending on 30.9.2009 is in arrears and tax due for the current quarter is due for payment. According to the petitioner, eventhough he had approached the respondent with a request to permit him to pay the arrears of tax in installments, the request was not acceded to. Hence, limited prayer of the petitioner is to permit him for payment of the tax amount in arrears within a reasonable time in installments. 2. Having considered facts and circumstances of the case, I am of the opinion that the writ petition can be disposed of permitting the petitioner to pay the defaulted Motor Vehicles Tax in installments within a reasonable time. Accordingly the respondent is directed to accept the tax amount due with respect W.P.(C).30377/09-N 2 to the vehicle bearing Regn: No:KL-56/5400 due for the quarter ending on 30.9.09, if the same is remitted by the petitioner, in 3 (three) equal monthly installments to be paid on or before 15.11.2009 and on or before the 15th day of the two succeeding months. 3. It is made clear that on payment of the first installment of the tax amount along with tax due for the current quarter, the respondent shall permit the petitioner to ply the vehicle, on condition that he produces satisfactory proof regarding possession of the vehicle and also files an undertaking to the effect that he will not alienate ownership or possession of the vehicle till the entire tax amount is cleared. The respondent may also make necessary endorsement in the registration particulars of the vehicle prohibiting transfer of ownership till the entire tax arrears is cleared. C.K.ABDUL REHIM, JUDGE. okb