IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 21449 of 2008(C) --------------------------------------------- PETITIONER: ------------------ T.V. HARIKRISHNAN, S/O SANKARA WARRIER, AGED 50 YEARS, 430, RASEENA QUARTERS, CIVIL STATION P.O., SOUTH BAZAR, KANNUR. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT: -------------------- REGIONAL TRANSPORT OFFICER, KANNUR. BY GOVERNMENT PLEADER SHRI BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 21449 OF 2008 C -------------------------------------- Dated this the 12th August, 2008 JUDGMENT Petitioner is aggrieved by Ext.P4 Memo issued under the Motor Vehicles Taxation Act, citing the arrears of tax for the period from 1.10.2007 to 30.6.2008. According to petitioner, he has submitted Exts.P1 and P2 which are G Forms. Learned Government Pleader on instructions submits as follows: Petitioner was in arrears from 1.7.2005 till 30.9.2007. Petitioner had approached this Court earlier and this Court had relegated the petitioner to prefer Appeal and granted stay on condition that the petitioner pays one-third of the amount due, which the petitioner did not pay and the Appeal itself was dismissed against which the petitioner had approached this Court again and this Court had granted instalment facility. Petitioner has not paid the said amounts. Therefore, his request to release the vehicle cannot be accepted. However, he would WPC. 21449/08 C 2 submit that against Ext.P4, petitioner has submitted Exts.P1 and P2 applications in Form G and it is pending enquiry. 2. Learned counsel for the petitioner submits that Ext.P4 relates to the period 1.10.2007 to 30.6.2008 for which the petitioner has submitted Exts.P1 and P2 G Forms except for the period from 1.10.2007 to 31.12.2007. According to petitioner, petitioner was given instalment facility by the Government. Learned Government Pleader points out that he was given a chance to give reason in Ext.P4 as to why he has not paid the tax. But, in the light of the admitted fact that the petitioner has submitted Exts.P1 and P2 G Forms, it is not for this Court to relegate the petitioner to file objection against Ext.P4. For the period except the quarter ending on 31.12.2007 G Forms are pending. So, it is ordered that the petitioner cannot be called upon to pay the amounts for the period mentioned in Ext.P4 excluding the period from 1.10.2007 to 31.12.2007 except if it WPC. 21449/08 C 3 is found in accordance with law that the claim cannot be accepted. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge