IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 30646 of 2009(A) -------------------------- PETITIONER(S): --------------- T.A.JOSEPH, AGED 55 YEARS, S/O. ANTONY, THACHUTHARA, 36/2396, NEAR CBI OFFICE, KALOOR, ERNAKULAM. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT OFFICER, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF TRANSPORT, TRIVANDRUM. SENIOR GOVERNMENT PLEADER SRI. MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.30646 OF 2009 ------------------------------ Dated this the 9th day of November, 2009 J U D G M E N T ---------------------- 1. With respect to the Motor Vehicles Tax due on vehicle bearing Regn:No:KL-07/BE-6112 belonging to the petitioner, for the period from 1.10.2007 to 30.9.2008, there was a demand as evidenced by Ext.P1. The petitioner was permitted to remit the amount in 4 equal monthly installments starting from 3.10.1998 onwards, as per the judgment of this court in WP(C). No.27731/08. After remitting two installments as directed by this court, the petitioner filed I.A.No:10032/09 seeking extension of time for payment of the balance two installments. As per Ext.P4 order dt.19.8.2009, one month’s time was granted by this court. In the meanwhile Ext.P3 demand was issued for payment of tax with respect to the subsequent periods upto 30.6.2009. At present the tax may be due for the further periods upto the quarter ending on 31.12.2009. According to the petitioner, due to stringent financial condition he is not in a position to make payment of the entire amount in lump sum. Therefore the petitioner is seeking indulgence of this court in permitting payment of the entire arrears in installments. 2. Having considered facts and circumstances of the W.P.(C).30646/09-A 2 case I am of the opinion that the petitioner can be permitted to pay the entire arrears within a reasonable time, in installments. 3. Therefore the writ petition is disposed of directing the 1st respondent to receive the entire arrears of Motor Vehicle Tax with respect to the vehicle KL-07/BE-6112, if the petitioner remits the same in 4 (four) equal monthly installments, falling due on or before 30.11.2009 and on or before the last day of the 3 (three) succeeding months. 4. It is made clear that on payment of the first installment the petitioner shall be permitted to ply the vehicle on condition of the petitioner executing an undertaking before the 1st respondent to the effect that he will not alienate ownership or possession of the vehicle, and on further condition of the 1st respondent making endorsements in the registration particulars of the vehicle with respect to the liability, till payment of entire balance. 5. It is made clear that on the event of default being committed in payment of any of the installments, the benefit granted above will stand recalled and the respondent will be entitled to proceed with steps for recovery of the tax amount, as permissible under law. C.K.ABDUL REHIM, JUDGE. okb