IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 31130 of 2009(I) -------------------------- PETITIONER(S): --------------- C.R.SAJEEVAN, CHETTIPARAMBIL HOUSE, VEMBALLUR,THRISSUR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR/TAXATION OFFICER,THRISSUR. SENIOR GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.31130 OF 2009 ------------------------------ Dated this the 3rd day of November, 2009 J U D G M E N T ---------------------- 1. Petitioner was operating his stage carriage vehicle KL-8/E-8182 in the route Kodungallur-Guruvayur on the strength of a regular permit, till 13.9.05. In the year 2009 the petitioner applied for renewal of permit which was declined by the RTA through its decision dt.18.8.07. The State Transport Appellate Tribunal by its decision in MVAA.No:315/09 had set aside the said decision and directed to grant renewal of the permit. In compliance with the directions of STAT, the RTA has granted renewal of permit in its meeting held on 25.9.09. Petitioner had produced a new vehicle, bearing No:KL-6D-55 for issuance of the renewed permit. But the RTA in its decision referred above had observed that the renewal of regular permit is granted subject to clearance of Government dues with respect to the vehicle KL- 8/E-8182. According to the petitioner the said vehicle could not be operated because it had crossed 15 years age and tax due on that vehicle for the periods, from 1.6.05 to 30.9.05 at the rate of stage carriage and from 1.10.05 upto 31.3.08 at the rate of Non- Transport Vehicle, is in arrears. Ext.P3 is a demand notice W.P.(C).31130/09-I 2 issued for realisation of the arrears of tax. The petitioner is seeking direction from this court for permitting him to pay off the arrears in installments. So also the petitioner is seeking direction for issuance of the renewed permit in favour of the new vehicle offered, without insisting for payment of tax arrears pertaining to the old vehicle. 2. Having considered facts and circumstances of the case, I am of the opinion that the petitioner can be permitted to pay off the entire liability pertaining to the vehicle No:KL-8/E- 8182 in 4 (four) equal monthly installments to be paid on or before 15.11.2009 and on or before the 15th day of succeeding months, on condition of the petitioner furnishing an undertaking before the respondent to the effect that he will not alienate ownership or possession of the new vehicle unless the arrears is completely cleared payment. It is further directed that the respondent will make endorsement in the registration particulars of the new vehicle with respect to the tax liability. 3. The respondent is directed to issue the renewed permit in favour of the new vehicle offered by the petitioner, if it is otherwise eligible, after payment of the first installment of the tax amount as directed above, taking note of the fact that installment facility has been granted for payment of the arrears pertaining to the old vehicle. It is made clear that the petitioner W.P.(C).31130/09-I 3 shall remit tax due on the new vehicle regularly without any default. 4. It is further made clear that in case of default committed in payment of any amounts as stipulated above or payment of any tax due on the new vehicle for any future quarter, the respondent will be free to take steps for realisation as provided under law including cancellation of the permit issued in view of the above direction. C.K.ABDUL REHIM, JUDGE. okb