IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 20263 of 2009(C) -------------------------- PETITIONER: --------------- VINEESH, AGED 34, S/O.SUKUMARAN, THANIKKAL HOUSE, P.O.KURICHIKARA, PONGANAMKAD, THRISSUR. BY ADV. MR. P.GOPALAKRISHNA MENON MR. M.JITHESH MENON RESPONDENTS: --------------- 1. THE REGIONAL TRANSPORT OFFICER, (TAXATION OFFICER), THRISSUR. 2. SUB INSPECTOR OF POLICE, NETTUPUZHA POLICE STATION, THRISSUR. BY GOVERNMENT PLEADER MR. P.K. BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 20263 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 20th day of July, 2009 JUDGMENT The petitioner has approached this Court aggrieved of Ext.P1 memo issued by the first respondent, whereby he has been required to remit a sum of Rs. 64,440/- plus additional tax and expenses towards the tax arrears payable under the relevant provisions of the Kerala Motor Vehicles Act 1976 in respect of the vehicle bearing No. KL38 2544. 2. The case of the petitioner is that, the vehicle was taken into custody by the first respondent and was entrusted to the second respondent, under which circumstance, no liability to pay the tax can be fixed upon the petitioner in respect of the admitted period when the vehicle was in the custody of the police. The law is now well settled as per the decision rendered by a Full Bench of this Court holding that, the question of exemption can be granted in respect of the vehicles kept in the custody, provided necessary 'G forms' have been submitted by the petitioner. The learned counsel for the petitioner submits that, notwithstanding the dispute raised with regard to the liability, the petitioner is ready and willing to clear the entire dues as demanded in Ext.P1, if some breathing time is given. WP (C) No. 20263 of 2009 : 2 : 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the petitioner is directed to remit a sum of Rs.20,000/- within one month and the balance amount due under Ext.P1 shall be cleared by way of 3 equal monthly installments, the first of which shall be effected on or before the 10th of September, 2009, to be followed by similar installments to be effected on or before the 10th of succeeding month. It is made clear that, on payment of first installment as above, the first respondent shall release the custody of the vehicle to the petitioner forthwith. It is further made clear that, till the entire tax liability cleared as above, the vehicle belonging to the petitioner shall not be put to use on the road. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd