IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 6770 of 2009(M) ------------------------------------------- PETITIONER(S): ---------------------- BIJUMON, PANDARAKALAM HOUSE, PULIKUTTISSERY P.O., KOTTAYAM. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): ------------------------- 1. THE REGIONAL TRANSPORT OFFICER, KOTTAYAM. 2. THE JOINT REGIONAL TRANSPORT OFFICER, CHERTHALA. 3. THE SECRETARY TO GOVERNMENT, TAXATION DEPARTMENT, SECRETARIAT,TRIVANDRUM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 6770 OF 2009 M -------------------------------------- Dated this the 3rd March, 2009 JUDGMENT The vehicle of the petitioner bearing registration No.KL- 7/H-8019 has been seized, according to the petitioner, for the tax due for the quarter ending 30.6.2008. Petitioner seeks permission to remit the tax in instalments and to release the vehicle on payment of the first instalment. The Writ Petition is disposed of permitting the petitioner to remit the tax due for the quarter ending 30.6.2008 with additional tax in four equal monthly instalments, the first of which shall be payable on or before 20.3.2009 and the further instalments on or before the 20th of the succeeding months. Upon payment of the first instalment, the vehicle will be released to the petitioner. But, it is made crystal clear that the petitioner cannot operate the vehicle unless and until the entire tax with additional tax is paid. It is also made clear that the direction to release the vehicle will operate only if the seizure of the vehicle was on account of the WPC.6770/09 M 2 non-payment of the tax. It is further made clear that should the detention of the vehicle be necessary in connection with any lawful ground, the vehicle need not be released. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge