IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 19TH APRIL 2011 / 29TH CHAITHRA 1933 WP(C).No. 12414 of 2011(B) -------------------------- PETITIONER(S): --------------- REGHUNATHAN, PUTHEN MADOM, PERINJANAM P.O., THRISSUR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER/ TAXATION OFFICER, THRISSUR. 2. THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, TRIVANDRUM-695001. GOVT.PLEADER SRI.T.T.MAHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ---------------------------------------------- W.P(C).No. 12414 of 2011 ---------------------------------------------- Dated this the 19th day of April, 2011 JUDGMENT The petitioner is the registered owner of a stage carriage vehicle bearing registration number KL-08-U 2136. The tax in respect of the said vehicle is in arrears from 31.7.2010. The petitioner submits that it was due to his financial difficulties that the tax could not be paid in time. Though the vehicle was not being operated, no proper G-Form was filed by the petitioner and therefore, he was not in a position to claim exemption from tax. 2. The present prayer of the petitioner is for permission to pay the arrears of tax in instalments. Though he had approached the authorities for such facility, he complains that they have not granted any such permission. According to the petitioner, he is ready to pay the arrears of tax in monthly instalments, without any default. 3. I have heard the learned Government Pleader appearing for the respondents also. 4. In the facts and circumstances of the case, I feel that the petitioner can be granted the facility to pay the tax due in four monthly instalments, commencing from 5.5.2011. WP(C) No.12414/11 - 2 - In the above circumstances, this Writ Petition is disposed of directing that the tax due in respect of the stage carriage bearing registration number KL-08-U 2136, owned by the petitioner be permitted to be paid in four equal monthly instalments, commencing from 5.5.2011 with each subsequent instalment thereafter falling on the 5th of each consecutive month. It is made clear that if the petitioner commits default in payment of any of the instalments, the benefit granted under this Judgment shall be automatically recalled and it will be open to the respondents to proceed against the petitioner in accordance with law for realisation of the entire arrears of tax. The petitioner shall be permitted to ply his vehicle only after he remits the first instalment, as stipulated above. K.SURENDRA MOHAN, JUDGE vgs