IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 29666 of 2009(C) ----------------------------------- PETITIONER(S): ------------------- T.S.SWAMINATHAN, THERAYANKODE HOUSE, EZHAKKAD, MUNDOOR, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): ---------------------- 1. THE SECRETARY TO GOVERNMENT, TAXATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE REGIONAL TRANSPORT OFFICER/ TAXATION OFFICER, PALAKKAD. GOVERNMENT PLEADER SRI. MATHEW VADEAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J ---------------------------------------- W.P.(C) NO. 29666 OF 2009 ---------------------------------------- Dated this the 21st day of October, 2009. J U D G M E N T 1. Petitioner is the registered owner of a contract carriage vehicle bearing No.KL9/T-5712. It is stated that the motor vehicle tax due with respect to the vehicle up to 30.9.2009 has already been paid. According to the petitioner the tax due for the current quarter from 1.10.2009 to 31.12.2009 could not be paid within the time limit stipulated, due to unforeseen financial stringencies. Eventhough the petitioner had approached the respondent 1 and 2 seeking permission to make payment of the tax amount in installments, the request was not acceded to. Since the tax amount was not received, the petitioner is not in a position to put the vehicle to use. Hence the petitioner is seeking indulgence for permitting payment of the tax amount in installments. 2. Having considered the facts and circumstances of the case, I am of the opinion that the petitioner can be permitted to make payment of the tax amount in installments. 3. Accordingly the writ petition is disposed of directing the second respondent to receive motor vehicle tax with respect to the vehicle KL9/T- 5712 due for the period from 1.10.2009 to 31.12.2009, in three equal W.P.(C) NO. 29666 OF 2009 2 monthly installments, starting from 31.10.2009 and on or before the last day of subsequent two months, if there are no other arrears of tax due with respect to the vehicle . The petitioner shall also file an undertaking before the second respondent to the effect that he will not alienate ownership or possession of the vehicle till the arrears are cleared. 4. It is made clear that the petitioner shall be permitted to operate the vehicle on payment of the first installment. It is further made clear that on the event of default in payment of any of the installments the respondent will be free to take steps for recovery of the amounts as permitted under law. C.K. ABDUL REHIM, JUDGE. pm W.P.(C) NO. 29666 OF 2009 3 W.P.(C) NO. 29666 OF 2009 4