IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 WP(C).No. 13625 of 2010(C) -------------------------- PETITIONER(S): --------------- T.PRABHAKARAN NAIR, THAZHEKKATT HOUSE, KALLUR P.O., NAIRANGADI, THRISSUR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REVENUE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE JOINT REGIONAL TRANSPORT OFFICER, S.R.T.O., IRINJALAKUDA. BY G.P.SRI.K.P.PRADEEP KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.13625 of 2010 ---------------------------- Dated 23rd April, 2010 JUDGMENT The petitioner is the registered owner of a stage carriage bus bearing registration No.KL-8 A 8530. Motor vehicles tax in respect of the said vehicle was paid for the period up to 31.12.2008. Motor vehicles tax due for the period from 1.1.2009 to 31.3.2010 has not been paid. It is stated that the petitioner is not operating the stage carriage bus from 3.3.2009 as the validity of the fitness certificate expired on 2.3.2009 and therefore he is not in a position to pay the arrears of motor vehicles tax due for the period from 1.1.2009 to 31.3.2010 in lump. The petitioner submits that though he had submitted Ext.P2 representation dated 8.3.2010 before the Secretary to Government, Revenue Department requesting for permission to pay the motor vehicles tax due for the said period in instalments, orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the first respondent to consider Ext.P2 representation and pass orders thereon within a time limit to be fixed by this Court. In the alternative, the petitioner seeks a direction to the second respondent to permit him to pay the arrears WP(C).No.13625/2010 2 of motor vehicles tax due in respect of his vehicle in five equal monthly instalments. 2. I heard Sri.I.Dishesh Menon, learned counsel appearing for the petitioner and Sri.K.P.Pradeep Kumar, learned Government Pleader appearing for the respondents. The learned counsel for the petitioner submitted that the petitioner will pay the arrears of motor vehicles tax due for the period from 1.1.2009 to 31.3.2010 in three equal monthly instalments, namely on or before 30.4.2010, 30.5.2010 and 30.6.2010 and that upon the first of such instalments being paid, he may be permitted to operate the stage carriage. The learned Government Pleader appearing for the respondents submitted that if the petitioner remits the instalments in time along with motor vehicles tax due for the period from 1.4.2010 to 30.6.2010, the respondents will permit him to operate the vehicle, if otherwise he can operate the stage carriage. In the light of the aforesaid submissions, I dispose of this writ petition with the following directions: (i) The petitioner shall remit the arrears of motor vehicles tax payable in respect of the stage carriage bearing registration No.KL-8 A 8530 for the period from 1.1.2009 to 31.3.2010 along with interest thereon in three equal monthly instalments. The first of such WP(C).No.13625/2010 3 instalments shall be paid on or before 30.4.2010, the second on or before 30.5.2010 and the third on or before 30.6.2010 in three equal instalments. (ii) The petitioner shall along with the said payment also remit the tax due for the period from 1.4.2010 to 30.6.2010 in three equal monthly instalments, namely on or before 30.4.2010, 30.5.2010 and 30.6.2010. (iii) In the event of the petitioner complying with the aforesaid directions by remitting the instalments in time along with motor vehicles tax for the current quarter, namely for the period from 1.4.2010 to 30.6.2010, the respondents shall permit the petitioner to operate the stage carriage, if it is covered by a valid permit and fitness certificate. (iv) If the petitioner does not comply with the aforesaid conditions, it will be open to the official respondents to take appropriate steps to realise the arrears of tax and also to prevent the petitioner from operating the stage carriage bus. Sd/- P.N.RAVINDRAN Judge TKS The words “stage carriage” occurring in the 1st, 2nd and 6th lines in page 1; 10th, 15th and 19th lines in page 2; 12th and 17th lines in page 3 of the judgment in W.P(C)13625/2010 are corrected as “goods carriage” vide order dated 30/04/2010 in I.A.5754/2010 in W.P(C)135625/2010. Sd/- Registrar (Judicial)