IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 9132 of 2008(K) --------------------------------- PETITIONER(S): ------------------- MERCY THOMAS, W/O.THOMAS, AGED 38 YEARS THOMMIKKATTIL HOUSE, ULIKKAL.PO, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): --------------------- 1. STATE OF KERALA, REP; BY THE SECRETARY DEPARTMENT OF REVENUE, SECRETARIAT THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KANNUR. 3. THE REGIONAL TRANSPORT OFFICER, KANNUR. 4. THE TAHSILDAR (REVENUE RECOVERY) THALASSERY. 5. THE SREE RAM TRANSPORT FINANCE CO.LTD. HYPER CENTRE, HYPER JUNCTION, FLY OVER NEW RAILWAY STATION ROAD, THALASSERY. R1 TO R4 BY BY GOVT.PLEADER SRI.JOHN MATHEW KADAVAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 9132/2008 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT DATED 31/10/2005. P2: COPY OF THE REVENUE RECOVERY NOTICE SENT BY THE 4TH RESPONDENT DATED 04/03/2008. P3: COPY OF THE REVENUE RECOVERY NOTICE ISSUED U/S 34 OF THE REVENUE RECOVERY ACT. P4: COPY OF THE RELEVANT PAGES OF THE RC BOOK. P5: COPY OF THE NOTICE DATED 14/07/2011 ISSUED BY THE VILLAGE OFFICER VAYATHUR. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 9132 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August, 2011 J U D G M E N T The petitioner challenges recovery proceedings for arrears of motor vehicle tax. Some amounts have been recovered by the respondents 1 to 4 by proceeding against the vehicle itself. But still amounts are due. The petitioner now only seeks permission to pay off the balance amount in instalments. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the respondents 1 to 4 to permit the petitioner to pay the balance tax due in respect of the stage carriage vehicle bearing registration No.KL-13/F 7477 in 6 (six) equal monthly instalments starting from 01.10.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on due dates W.P.(C)No. 9132 of 2008 -2- without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/