IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WA.No. 1500 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.20779/2010 .................... APPELLANT(S): PETITIONER ------------------------ E.X.TITUS,ETTURUTHIL HOUSE,HARITHA RAOD, VENNALA.P.O,KOCHI-28. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): RESPONDENT IN THE WP(C) -------------------------------------- THE REGIONAL TRANSPORT OFFICER/TAXATION OFFICER,ERNAKULAM. BY G.P. SRI. MOHAMMED RAFEEQ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. .................................................................... Writ Appeal No.1500 of 2010 .................................................................... Dated this the 6th day of September, 2010. JUDGMENT Ramachandran Nair, J. The only prayer is for direction to respondents to permit the appellant to operate the vehicle on payment of current tax arrears. Government Pleader submitted that revision filed against arrear demand would have been disposed of already. If revision is disposed of, then of course the appellant is liable to clear the entire arrears. However, since the arrears is more than Rs.2 lakhs, we feel appellant can be granted facility to clear the arrears in instalments subject to result of revision. On payment of current tax along with Rs.50,000/- towards arrears, there will be direction to the R.T.O. to grant five equal monthly instalments to the appellant to clear the arrears with interest thereon. The instalment scheme will be endorsed in the RC book and if any reduction is granted in revision, the endorsement should be modified in terms of revisional order. The appellant should be permitted to start operation of vehicle after payment of current tax and 2 Rs.50,000/- towards arrears. However, if appellant commits default in payment of regular tax or any of the instalments on due dates, then there will be direction to the appellant to surrender the vehicle to the R.T.O. immediately on default, failing which the matter will be reported to this court by the RTO for taking contempt action besides seizure of the vehicle and sale of the same for recovery of tax. If Fitness Certificate is declined only on account of pendency of arrears, then Fitness Certificate also will be issued on payment of Rs.50,000/- towards arrears and on payment of current tax as stated above. Writ Appeal is disposed of as above. C.N.RAMACHANDRAN NAIR Judge K.SURENDRA MOHAN Judge pms