IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 30358 of 2010(T) ---------------------------------------- PETITIONER(S): ------------------------ GEETHA MOHAN, GEETHA NIVAS, KANAKATHUMUKKU, KOLLAM. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM. BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 30358 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 7th day of October, 2010 JUDGMENT Challenge in this writ petition is against Ext.P1 order issued by the respondent, rejecting the request of the petitioner for exempting him from payment of Motor Vehicles Tax due with respect to stage carriage bearing No.KL-16-B-4545, for the periods from 1-4-2009 to 30-6- 2010. The request was rejected on the ground that no proper application seeking exemption was filed in the form prescribed, within the time stipulated. 2. As per section 23 of the Kerala Motor Vehicles Taxation Act, 1976, the order impugned is appealable. Learned counsel for the petitioner submitted that the petitioner is relinquishing all challenges against Ext.P1. Since the vehicle is not in operation for quite long time, the petitioner is in stringent financial condition. He is therefore W.P.(C) No. 30358/2010. 2 seeking indulgence of this Court in permitting payment of the arrears of Motor Vehicles Tax in instalments within a reasonable time. 3. Having considered the facts and circumstances of the case, I am of the opinion that since the petitioner is relinquishing all challenges against the demand for the relevant period, she can be permitted to pay off the amount in instalments within a reasonable period. 4. Accordingly, the writ petition is disposed of directing the respondent to receive arrears of Motor Vehicles Tax along with Additional tax if any payable, with respect to vehicle bearing No.KL-16-B-4545, if the petitioner remits the same in four (4) equal monthly instalments, falling due on or before 30-10-2010 and on or before the last day of succeeding months. 5. It is made clear that on payment of first instalment, the respondent shall permit the petitioner to ply the vehicle, subject to condition of the petitioner undertaking in the form of an affidavit, not to part with ownership or W.P.(C) No. 30358/2010. 3 possession of the vehicle until the entire arrears are cleared. 6. It is further made clear that on the event of default in payment of any of the instalment as stipulated above or in the event of finding that the petitioner is liable to pay any other amount pertaining to any other period, the respondent will be free to proceed with further steps of recovery. It is also made clear that on such event the petitioner will be precluded from raising any subsequent challenge. C. K. ABDUL REHIM, JUDGE. mn.