IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 15624 of 2010(C) -------------------------- PETITIONER(S): --------------- SURESHKUMAR, ERATH AMBALAMPURATH, KAMUKUMCHERY, THALAVOOR BY ADV. SRI.PRASAD CHANDRAN RESPONDENT(S): --------------- THE REGIONAL TRANSPORT OFFICER, (TAXATION OFFICER), KOLLAM BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.15624 of 2010-C ---------------------------- Dated this the 21st day of May, 2010. J U D G M E N T The petitioner is a defaulter with regard to the payment of tax under the Kerala Motor Vehicles Taxation Act, in respect of the stage carriage bearing No.KL-02/P 387, for the period from 1.7.2009 to 30.6.2010. The case of the petitioner is that the default was never wilful, but because of some unforeseen circumstances and that after raising funds from different corners, the petitioner has now repaired the vehicle and it is ready for testing. But, because of the non-satisfaction of the liability by way of tax arrears, the respondents are refusing to accede to the request; simultaneously seeking for some reasonable instalments to have the tax liability cleared. 2. Heard the learned Government Pleader as well. 3. Considering the particular facts and circumstances and the extent of liability, which is stated as nearly Rs.1.4 lakhs, the petitioner is permitted to clear the same by way of 'five' equal monthly instalments; the first of which shall be effected on or before W.P(C) No.15624 of 2010-C 2 the 10th of June 2010; to be followed by similar instalments to be effected on or before the 10th of the succeeding months. On satisfying the first instalment, and on producing the vehicle with necessary application and meeting the legal requirements, the same shall be caused to be tested by the respondent for the purpose of issuing necessary certificate, which shall be done without any delay. However, it is made clear that the petitioner shall not put the vehicle on the road, unless and until the entire tax liability is wiped off. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab