IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(C).No. 32705 of 2010(K) -------------------------- PETITIONER: ------------------- P.MOHAMMED MANZOOR, PARAMBAN HOUSE, PANG P.O., CHENDI, KOLATHUR. BY ADV. SRI.I.DINESH MENON RESPONDENTS: ---------------------- 1. THE REGIONAL TRANSPORT OFFICER/TAXATION OFFICER, PALAKKAD, PIN 678 001. 2. THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, TRIVANDRUM-1. BY GOVERNMENT PLEADER, SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K. ABDUL REHIM, J ------------------------------ WP(C) NO. 32705 OF 2010 ------------------------------------- Dated this the 27th day of October, 2010 JUDGMENT Limited prayer in this Writ Petition is to permit the petitioner to pay arrears of motor vehicles tax due with respect to vehicle owned by him, bearing No. KL 10 N 695. It is stated that, tax due with respect to the vehicle till 31.12.2009 was already paid. Thereafter the vehicle in question could not be operated. But due to non filing of 'G Forms' at proper time, the petitioner could not claim exemption for the period from 01.01.2010 onwards. According to the petitioner he is not in a position to pay the entire arrears in a lumpsum. Therefore he seeks direction to the respondents to receive the tax amounts in instalments. 2. Having considered the facts and circumstances prevailing, I am of the view that the Writ Petition can be disposed of permitting the petitioner to make payment of 2 WP(C) No. 32705/2010 the entire arrears of motor vehicles tax, within a reasonable time, in instalments. 3. The respondents are directed to accept the motor vehicles tax due with respect to vehicle bearing No. KL 10 N 695 along with payment of Additional Tax if any due, if the petitioner remits entire arrears in 4 (four) equal monthly instalments, falling due on or before 15.11.2010 and on or before the 15th day of the succeeding months. 4. The respondents are directed to permit the petitioner to ply the vehicle on payment of the first instalment of tax as directed above, provided there is no other legal impediments in permitting such operation and there is no other amount due. The above permission shall be granted subject to the 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, or do anything which will reduce the value of the vehicle in any manner. 3 WP(C) No. 32705/2010 5. It is made clear that on the event of default in payment of any of the instalments or on finding that the petitioner is otherwise liable for payment of any other amounts, the respondents will be free to proceed with further steps as permissible under law. C.K. ABDUL REHIM JUDGE dnc