IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 30328 of 2010(M) ------------------------------------------- PETITIONER(S): ------------------------------ M.I.SHIHABUDHEEN, S/O.MOHAMMED ISMAIL, PROPRIETOR, M.M.S.BUS SERVICE, MANATH VADAKKEPUTHEN PURAYIL, THRIKKAKKARA, KOCHI-682 021. BY ADVS. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENT(S): ---------------------------- REGIONAL TRANSPORT OFFICER, IDUKKI, PIN-685 510. BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.30328 of 2010 ------------------------------------------- Dated this the 5th day of October, 2010 J U D G M E N T ---------------------- Limited prayer in this writ petition is for permitting the petitioner to pay the arrears of Motor Vehicle Tax in installments, due with respect to vehicle owned by the petitioner bearing No.KL-7/AL-2759, for the period from 1.7.2010 onwards. 2. According to the petitioner, the vehicle was exempted from payment of tax during the period from 1.1.2007 to 31.5.2010. But thereafter, eventhough the petitioner attempted to put the vehicle to use, it could not be operated due to various reasons. Hence the tax became overdue from 1.7.2010 onwards. It is expressed that insistence for a lumpsum payment of entire arrears will put the petitioners to difficulties and the petitioner will be prevented from operating the vehicle which is covered by a regular permit. 3. Having considered facts and circumstances I am W.P.(C).30328/10-M -2- of the opinion that the petitioner can be permitted to pay off the entire motor vehicle tax due, along with additional tax if any payable, in 3 equal monthly installments, falling due on or before 30.10.2010 and on or before the last day of two succeeding months. 4. It is made clear that on remittance of the first installment as directed, the respondent will permit the petitioner to operate the vehicle, subject to condition of the petitioner furnishing an undertaking in the form of an affidavit, to the effect that he will not part with ownership or possession of the vehicle in any manner, till the entire arrears is cleared payment. 5. It is made clear that the respondents will be at liberty to proceed with recovery steps in case of default in payment of any of the installments. It is also made clear that respondents will be free to proceed with any steps permissible under law if payment of tax amount due for any future quarters, or if any other amount is found due with respect to the vehicle. C.K.ABDUL REHIM, JUDGE. okb