IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WA.No. 1737 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25472/2011 Dated 12/10/2011 ................... APPELLANT/ PETITIONER ------------------------ AJAYAKUMAR, AGED 35 YEARS, S/O. LASSAR, BIJU BHAVAN, KADAMBANAD, ARUVIKKARA, THIRUVANANTHAPURAM. BY ADV. SRI.M.TRIPTEN RESPONDENT(S): RESPONDENTS -------------------------- 1. JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, NEDUMANGAD-695 541. 2. REGIONAL TRANSPORT OFFICER(RURAL), ATTINGAL, THIRUVANANTHAPURAM-695 012. R1 &R2 BY GOVERNMENT PLEADER SRI. BOBBY JOHN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma C.N. RAMACHANDRAN NAIR, & K. VINOD CHANDRAN, JJ ---------------------------------------------------- W.A No. 1737 of 2011 ---------------------------------------------------- Dated this the 15th day of November, 2011 J U D G M E N T C.N. Ramachandran Nair , J The only prayer is for liberalization of the instalment facility granted by the learned Single Judge forbearing the arrears of tax with surcharge for a 12 seat Mini Bus. We do not think, granting of installment payment of tax will any way adversely affect the Government interests. Appellant has expressed financial constraints. We dispose of the Writ Appeal by modifying the judgment of the Single Judge enlarging the instalment scheme by increasing the number of monthly instalments to 10 as against six granted by the Single Judge. Since the appellant has undertaken to pay instalment, we feel on payment of first instalment, the RTO can be directed to test the vehicle and, if found fit, to issue Fitness Certificate if eligible; so that the appellant can commence the operation of the vehicle. RTO is directed to receive one instalment of tax and endorse balance as payment, payable in W.A No 1737/2011 : 2 : 9 monthly instalments with due date as last date of every month commencing from December, 2011 and ending with August, 2012 for payment of the arrears of instalment of tax. On payment of first instalment, vehicle also will be tested as directed above and the certificate and permit, if eligible, will be granted within one week from the date of payment of Tax and production of RC book. Accordingly, the Writ Appeal is disposed of modifying the judgment of the learned single Judge as above. C.N. RAMACHANDRAN NAIR (Judge) K. VINOD CHANDRAN (Judge) jma