IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 27375 of 2009(N) -------------------------- PETITIONER(S): --------------- ABDUL LATHEEF, EYYATHAYIL HOUSE, P.O.MEENADATHUR, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.SAJU J.VALLYARA RESPONDENT(S): --------------- THE REGIONAL TRANSPORT OFFICER, (TAXATION OFFICER), MALAPPURAM. SENIOR GOVERNMENT PLEADER SRI.A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.27375 OF 2009 ------------------------------ Dated this the 30th day of September, 2009 J U D G M E N T ---------------------- 1. Limited prayer in the writ petition is for a direction to the respondent to permit the petitioner to make payment of Motor Vehicle Tax due with respect to his vehicle bearing Regn:No:KL-08/W-7720 for the quarters ending on 31.3.09, 30.6.09 and 30.9.09. According to the petitioner tax amount due for the above said periods could not be paid within the time stipulated, because of unforeseen financial strains due to non- plying of vehicle for various reasons. 2. Having considered the facts and circumstances of the case I am of the opinion that the writ petition can be disposed of with a direction to the respondent to receive the tax due from the petitioner in installments. 3. In the result the 1st respondent is directed to receive tax due on vehicle bearing Regn:No:KL-08/W-7720 due with respect to the three quarters ending on 31.3.09, 30.6.09 and 30.9.09 in six equal monthly installments starting payment from 5.10.2009 onwards and on or before the 5th day of the succeeding months. The petitioner shall be permitted to operate W.P.(C).27375/09-N 2 the vehicle on payment of the 1st installment, and on the petitioner executing an underwriting in the form of an affidavit to the effect that he will not alienate ownership or possession of the vehicle pending clearance of the entire arrears of Motor Vehicle Tax. 4. It is made clear that in case of default in payment of any of the installments the benefit granted under this judgment will stand automatically recalled and the respondents will be at liberty to take further proceedings for realisation of the amount as provided under law. C.K.ABDUL REHIM, JUDGE. okb