IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 34247 of 2010(E) ---------------------------------- PETITIONER(S): ------------------- MANOJ P.JOHN, PUTHENVEETTIL GRACE BHAVAN, ANGADICAL SOUTH PO, CHENGANNUR. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): -------------------- THE JOINT REGIONAL TRANSPORT OFFICER PERUMBAVOOR. BY GOVT.PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.34247 of 2010-E ---------------------------------------- Dated this the 15th day of November, 2010. J U D G M E N T The petitioner had purchased vehicle bearing No.KL- 2/K 2876 from a financier, who had repossessed the vehicle from its original owner. According to the petitioner, motor vehicles tax with respect to the period from 1.4.2010 to 31.12.2010 is in arrears and the petitioner is not in a financial position to pay the entire amount in a lump sum. Hence the limited prayer is only for permitting payment of the tax arrears within a short period, in instalments. 2. Having considered the facts and circumstances, I am of the opinion that some indulgence can be shown in permitting the petitioner to pay off the entire arrears along with additional tax if any due, in instalments within a reasonable period. 3. Accordingly, the writ petition is disposed of directing the respondent to receive motor vehicles tax due with respect to vehicle bearing No.KL-2/K 2876 along with W.P(C) No.34247 of 2010-E 2 additional tax if any due, on production of original of the registration certificate of the vehicle, in 4 (four) equal monthly instalments, falling due on or before 30.11.2010 and on or before the last day of the succeeding months. 4. The respondent is directed to permit the petitioner to ply the vehicle on payment of the first instalment of the tax arrears, subject to the condition of the petitioner furnishing an undertaking in the form on an affidavit to the effect that, he will not part with the ownership or possession of the vehicle or he will not cause anything which will diminish the value of the vehicle, till the entire arrears of tax is paid. 5. The above direction is issued without prejudice to rights of the respondent to initiate recovery steps or other actions on the basis of any charge against the vehicle other than the tax arrears mentioned for the above said period. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// ab P.A to Judge W.P(C) No.34247 of 2010-E 3