IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(C).No. 32768 of 2010(U) -------------------------- PETITIONER(S): --------------- RADHAKRISHNA KURUP, S/O. NARAYANAN NAIR, MEDAYIL VEEDU, MUTHUKULAM SOUTH.P.O., KAYAMKULAM. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- THE JOINT REGIONAL TRANSPORT OFFICER, CHENGANACHERRY. BY G.P. SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 32768 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 27th day of October, 2010 JUDGMENT Limited prayer in this writ petition is to permit the petitioner to make payment of arrears of Motor Vehicles Tax due with respect to vehicle owned by him, bearing No.KL-5/R 1901 in a phased manner. 2. According to the petitioner, the Motor Vehicles Tax is due for the periods from 1-7-2010 onwards. It is contended that the vehicle was garaged for major repairs and the petitioner could not file exemption application during the appropriate time. It is submitted that due to stringent financial condition, the petitioner is not in a position to pay the arrears of tax in a lump sum. 3. 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 with respect to the vehicle within a reasonable time, in instalments. W.P.(C) No. 32768/2010 2 4. Accordingly, the respondent is directed to accept Motor Vehicles Tax due with respect to vehicle bearing No.KL-5/R 1901, if the petitioner remits the entire arrears along with additional tax if any due, in 4 (four) equal monthly instalments, falling due on or before 15-11-2010 and on or before the 15th day of the subsequent months. 5. The respondent is also directed to permit the petitioner to ply the vehicle, on payment of the first instalment, subject to condition that there is no other legal impediments in permitting operation of the vehicle and no other arrears is due with respect to the vehicle. The permission shall be given subject to condition of the petitioner furnishing an undertaking in a form of an affidavit to the effect that he will not part with ownership or possession of the vehicle until the entire arrears of the tax is cleared. 6. It is made clear that if any default is committed by the petitioner, the respondent will be free to proceed with further steps. It is also made clear that this will not stand in W.P.(C) No. 32768/2010 3 the way of the respondents proceeding against the vehicle with respect to any other charges or arrears, which is legally sustainable. The writ petition is disposed of accordingly. C. K. ABDUL REHIM, JUDGE. mn.