IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 34972 of 2010(V) -------------------------- PETITIONER: --------------- MARTIN PHILIP, AGED 40 YEARS, S/O.PHILIP, EACHIRANGATTU HOUSE, ELAMAKKARA P.O., KOCHI-26. BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS: ---------------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF MOTOR TRANSPORT SECRETARIAT, PIN-695 001. 2. THE R.T.O., KAKKANADU, ERNAKULAM, PIN-682 030. BY GOVERNMENT PLEADER, SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 34972 of 2010 --------------------------------- Dated this the 23rd day of November, 2010 JUDGMENT Petitioner is the registered owner of a vehicle bearing registration No.KL-7 BD 3986. Motor vehicle tax with respect to the vehicle was paid till 31.12.2008. Tax due from 1.1.2009 onwards could not be remitted by the petitioner since the vehicle was having mechanical problem and undergoing repairs. According to the petitioner, tax due with respect to 8 quarterly instalments amounting to a sum of Rs.62,400/- is in arrears. Since the petitioner is in acute financial stringencies he is not in a position to make payment of the arrears in a lump sum. Hence the petitioner seeks permission to pay the entire arrears of motor vehicle tax in a phased manner within a reasonable time. 2. Heard learned Government Pleader appearing for the respondents. Having considered the facts and circumstances, I am of the view that the petitioner can be permitted to make payment of the arrears of motor vehicle tax within a reasonable time, in instalments. 3. Accordingly, the writ petition is disposed of directing the WP(C).34972/2010 2 2nd respondent to accept motor vehicle tax due with respect to the vehicle KL-7 No.BD 3986, if the petitioner remits the entire arrears of tax along with additional tax if any due, in 4 equal monthly instalments falling due on or before 31.12.2010 and on or before the last day of the succeeding months. 4. It is made clear that on payment of the first instalment of arrears of tax the petitioner shall be permitted to operate the vehicle subject to condition of his filing an undertaking before the 2nd respondent to the effect that he will not part with ownership or possession of the vehicle and that he will not do anything which will diminish value of the vehicle, till the entire arrears of tax is cleared payment. 5. It is made clear that on the event of default in payment of any one of the instalment as stipulated above, respondents will be free to proceed with further steps of recovery. The tax amount as directed above shall be accepted on production of no objection certificate, from the authorities of the Kerala Motor Transport Workers Welfare Fund. 6. It is also made clear that the above judgment will not stand in the way of the 2nd respondent taking any action WP(C).34972/2010 3 pursuant to any other charge pending against the vehicle or for recovery of amounts due with respect to any other period. C.K.ABDUL REHIM,JUDGE pmn/