IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 34746 of 2010(P) -------------------------- PETITIONER(S): --------------- SREEKUMAR S., ALUMOOTTIL HOUSE, CHERIYAZHEEKKAL P.O., KOLLAM. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): --------------- THE REGIONAL TRANSPORT OFFICER, KOLLAM, PIN-691001. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J ------------------------------- WP(C) NO. 34746 OF 2010 ------------------------------------- Dated this the 19th day of November, 2010 JUDGMENT Petitioner is the registered owner of a stage carriage bearing No. KL 09/K 5209. Motor Vehicle Tax with respect to the vehicle is in arrears from 01.01.2010 onwards. According to the petitioner the vehicle was undergoing major repairs and it was garaged and the petitioner was plying another vehicle in the route in question. However, it is admitted that petitioner failed in submitting G-forms seeking exemption from payment of tax. According to the petitioner, considering the financial stringency, he is not in a position to pay the arrears in a lump sum. Hence he seeks directions for permitting payment of tax arrears in instalments. 2. Having considered the facts and circumstances, I am of the view that the petitioner can be permitted to make payment of the arrears of tax amount within a reasonable time in instalment. 2 WP(C) No. 34746/2010 3. Accordingly the Writ Petition is disposed of directing the respondent to receive arrears of motor vehicle tax due with respect to vehicle bearing No. KL 09/K 5209, along with additional tax if any due, if the petitioner makes payment of the entire arrears in 4 (four) equal monthly instalments, falling due on or before 15.12.2010 and on or before the 15th day of the succeeding months. 4. It is made clear that on payment of the first instalment of the tax amount as directed, the respondent shall permit the petitioner to ply the vehicle subject to condition of the petitioner furnishing an undertaking in the form of an affidavit, to the effect that he will not part with ownership or possession of the vehicle until the entire arrears is cleared payment. 5. It is made clear that the above judgment will not stand in the way of respondent taking appropriate actions in case there is default in payment of any other amount or on the basis of any other charge against the vehicle other than 3 WP(C) No. 34746/2010 non-payment of motor vehicle tax for the above said period. It is also made clear that the acceptance of motor vehicle tax as directed above shall be subject to production of necessary proof regarding payment of welfare fund dues. C.K. ABDUL REHIM JUDGE dnc