IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).No. 20110 of 2010(K) -------------------------- PETITIONER(S): --------------- RAHMATH NAZAR, W/O. NAZAR, PATTAMPARAMBIL HOUSE, WEST KADUNGALLUR P.O., ALUVA. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REGIONAL TRRANSPORT OFFICER/TAXATION OFFICER, ERNAKULAM. 2. THE SECRETARY TO GOVERNMENT, TAXATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SRI.MATHEW GEORGE VADAKKAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------------- W.P.(C) No.20110 of 2010 ------------------------------- Dated this the 29th day of June, 2010 J U D G M E N T The petitioner is aggrieved of the steps taken by the respondents for realisation of the amount stated as due by way of road tax, in respect of the vehicle bearing Registration No.KL- 6 B 4383, which is covered with a valid permit and being operated in the route Aluva-South Chittoor. 2. The learned counsel appearing for the petitioner submits that the liability now sought to be realised from the petitioner is in respect of the period from 1.4.2009 to 30.6.2010, which is about Rs.84,300/- plus additional tax. It is also conceded that no 'G' form whatsoever was submitted by the petitioner and the limited relief now pressed before this Court is to enable the petitioner to clear of the liability by way of reasonable instalments. W.P.(C) No.20110/2010 2 3. Heard the learned Government Pleader appearing for the respondents, as well. 4. Considering the limited nature of the relief pressed, this Court finds that the petitioner can be permitted to clear the liability in a phased manner. Accordingly, the petitioner is permitted to clear the amount by way of 'four' equal monthly installments, the first of which shall be effected on or before 30.07.2010, to be followed by similar installments to be effected on or before the 30th of succeeding months. Subject to the above, the recovery proceedings initiated against the petitioners shall be kept in abeyance. However, it is made clear that, if any default is committed by the petitioner in effecting the installments as above, the respondent Bank will be at liberty to proceed with further steps for realisation of the amount in a lump sum, from the stage where it stands now. It is also made clear that the petitioner shall give an undertaking that the vehicle will not be alienated, nor will be cause any damage or W.P.(C) No.20110/2010 3 repairs, so as to diminish the value of the vehicle under any circumstance. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE. nj.