IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 35047 of 2009(A) -------------------------- PETITIONER(S): --------------- M. SALEENA, THOPPIL HOSUE, ULANTHI, CHENGANNUR, ALAPPUZHA DISTRICT BY ADV. SRI.SAJU J.VALLYARA RESPONDENT(S): --------------- THE REGIONAL TRANSPORT OFFICER (TAXATION OFFICER), ALAPPUZHA. BY GOVT. PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 35047 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December, 2009 J U D G M E N T 1. Limited prayer in this writ petition is to permit the petitioner to pay Motor Vehicle Tax with respect to his vehicle bearing registration No.KL-07/S-813, due for the quarter from 1/10/2009 to 31.12.2009, in installments. According to the petitioner due to unforeseen financial stringency he could not remit the tax within the time stipulated. It is stated that eventhough the petitioner had approached the respondent seeking payment in installments, such request was not acceded to. 2. Having considered facts and circumstance of the case, I am of the opinion that some indulgence can be shown in the matter of permitting the petitioner to pay the tax amount due, in installments. 3. In the result, the respondent is directed to receive motor vehicle tax with respect to the vehicle W.P.(C)No. 35047 of 2009 -2- No.KL-07/S-813 due for the quarter from 1.10.2009 to 31.12.2009, if paid in three (3)equal monthly installments falling due on or before 30.12.2009 and on or before the last day of the two (2) succeeding months. 4. It is made clear that on payment of the first installment the petitioner shall be permitted to ply the vehicle, provided there is no other arrears and provided that the vehicle is not detained in custody by any authorities. The petitioner shall execute an undertaking before the respondent to the effect that he will not alienate ownership or possession of the vehicle until the entire arrears is cleared. 5. It is made clear that on failure of payment of any of the installments, the respondent is free to proceed with steps to recover the arrears, as permissible under law. C.K. ABDUL REHIM JUDGE shg/