IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 29201 of 2009(U) -------------------------- PETITIONER(S): --------------- E.V.RANJITH, CHERIYATH HOUSE, P.O.MAMBA, KANNUR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER/ TAXATION OFFICER, KANNUR. 2. THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.29201 OF 2009 ------------------------------ Dated this the 16th day of October, 2009 J U D G M E N T ---------------------- 1. Petitioner is the registered owner of a stage carriage bearing Regn.No:KL-12/A-8899. According to the petitioner the vehicle could not be operated from 1.1.2009 onwards and he could not submit Form 'G' intimation regarding non-use of the vehicle, within the stipulated time. Consequently, Motor Vehicle Tax due for the period from 1.1.2009 onwards fell into arrears and the 2nd respondent had issued Ext.P1 memo. Eventhough the petitioner had approached the respondents seeking time for paying off the entire tax liability in installments, the same was not considered. Complaint of the petitioner is that since the respondents are not permitting the petitioner to pay off the liability in installments, the petitioner is precluded from operating the vehicle and consequently severe financial loss is being incurred. Limited prayer of the petitioner is to permit him to pay off the liability of tax, in installments. 2. Having considered facts and circumstances of the case, I am of the opinion that some indulgence can be shown in the matter of permitting the petitioner to pay off the liability in W.P.(C).29201/09-U 2 installments. 3. Accordingly the writ petition is disposed of directing the 2nd respondent to receive Motor Vehicle Tax due with respect to the petitioner's vehicle KL-12/A-8899 for the period from 1.1.2009 onwards, including the current quarter, if the amount is remitted in 4 (four) equal monthly installments starting from 31.10.2009 onwards and on or before the last of every succeeding months. It is made clear that the petitioner shall be permitted to operate the vehicle on payment of the 1st installment, if there is no other arrears pending. The petitioner is also directed to furnish an undertaking before the 2nd respondent to the effect that he will not alienate ownership or possession of the vehicle until the entire tax liability is cleared. It is further made clear that on the event of default in payment of any of the installments the 2nd respondent is free to take recovery steps against the petitioner as provided under law. C.K.ABDUL REHIM, JUDGE. okb