IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 12 of 2011(B) ----------------------------- PETITIONER(S): ------------------- M.I.SHIHABUDHEEN, S/O.MOHAMMED ISMAIL, PROPRIETOR, M.M.S.BUS SERVICE, MANATH VADAKKEPUTHEN PURAYIL, THRIKKAKKARA, KOCHI-682 021. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.HARIHARAN RESPONDENT(S): -------------------- REGIONAL TRANSPORT OFFICER, IDUKKI, PIN-685 584. BY GOVT.PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.12 of 2011-B ---------------------------------------- Dated this the 4th day of January, 2011. J U D G M E N T The petitioner is the registered owner of a stage carriage bearing No.KL-07BG-3513, which is covered under a regular permit, to operate on the route Kumily-Ernakulam. According to the petitioner, motor vehicle tax due with respect to the vehicle is in arrears, for the quarter commencing from 1.10.2010 onwards. According to the petitioner, since the vehicle was garaged for major repairs, the petitioner is facing stringent financial situations and he is not in a position to make payment of arrears in lump sum. Hence the petitioner seeks indulgence of this Court to permit payment of the arrears in instalments. 2. Having considered the facts and circumstances, I am of the view that indulgence can be shown in permitting the petitioner to make payment of the arrears of motor vehicles tax, in instalments, within a reasonable time. 3. Accordingly, the writ petition is disposed of directing the respondents to accept the arrears of motor vehicle tax due with respect to vehicle bearing No.KL-07BG-3513, if the W.P(C) No.12 of 2011-B 2 petitioner makes payment of the entire arrears along with additional tax if any due in 3 (three) equal monthly instalments, falling due on or before 31.1.2011 and on or before the last day of succeeding months. 4. The respondent is directed to permit the petitioner to ply the vehicle, on payment of first instalment of tax as directed above, subject to condition of the petitioner submitting an undertaking in the form of an affidavit to the effect that, he will not part with ownership or possession of the vehicle or that he will not cause anything which will diminish the value of the vehicle, till the entire arrears of tax is paid. 5. It is made clear that the acceptance of tax as directed above will be subject to satisfying other conditions stipulated under the statute and that the directions issued above will not stand in the way of the respondent from taking actions on the basis of any other charge or for realising any other amount if found due from the petitioner. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// ab P.A to Judge