IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 37963 of 2010(U) -------------------------- PETITIONER(S): --------------- M.SUKUMARAN, S/O.CHANDU NAIR, THANDANTHOTTY HOUSE, PARAVANADUKKAM PO, KASARAGOD TALUK,KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER, KASARAGOD. 2. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY MOTOR VEHICLES DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.37963 of 2010-U ---------------------------------------- Dated this the 22nd day of December, 2010. J U D G M E N T The petitioner is the registered owner of a stage carriage bearing No.KL 11J/3003. Motor vehicle tax with respect to the vehicle due for the period from 1.10.2010 to 31.12.2010 is in arrears. According to the petitioner, due to labour problems the vehicle could not operated and hence he could not make payment of the amount within the time stipulated. The petitioner is finding it difficult to make payment of the amount due in a lump sum. Therefore the petitioner is seeking indulgence of this Court for permitting payment of the tax amount within a short period, in instalments. 2. Heard the learned Government Pleader appearing for the respondents. 3. Considering the facts and circumstances, some indulgence can be shown in permitting the petitioner to make payment of the arrears of tax within a reasonable W.P(C) No.37963 of 2010-U 2 time, in instalments. 4. Accordingly, the writ petition is disposed of directing the 1st respondent to receive the entire arrears of motor vehicles tax due with respect to the vehicle bearing No.KL 11J 3003, if the petitioner makes payment of the amount, along with additional tax if any due, in three (3) equal monthly instalments, falling due on or before 15.1.2011 and on or before the 15th day of the succeeding months. 5. The 1st respondent is directed to permit the petitioner to ply the vehicle, on payment of first instalment as directed above, subject to condition of the petitioner submitting an undertaking in the form of an affidavit to the effect that, he will not part with ownership or possession of the vehicle or that he will not cause anything which will diminish value of the vehicle, till the entire arrears of tax is paid. 6. It is made clear that on the event of default in payment of any one of the instalments the respondents will W.P(C) No.37963 of 2010-U 3 be free to proceed with further steps of recovery. 7. It is further made clear that acceptance of tax as directed above will be subject to satisfying other conditions stipulated under the statute and that the directions issued above will not stand in the way of the 1st respondent from taking actions on the basis of any other charge or realising any other amount if found due from the petitioner. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab W.P(C) No.37963 of 2010-U 4