IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WA.No. 1943 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22182/2009 Dated 05/08/2009 .................... APPELLANT(S): PETITIONER IN THE WPC ----------------------------------- T.K.BABU,THAZHATHUPURAKKAL HOUSE, KUNNAMKULAM,THRISSUR. BY ADV. SRI.K.A.SREEJITH RESPONDENT(S): RESPONDENTS -------------------------- 1. REGIONAL TRANSPORT OFFICER/TAXATION OFFICER,THRISSUR. 2. THE SECRETARY TO GOVT.,TRANSPORT DEPT., SECRETARIAT,THIRUVANANTHAPURAM. BY G.P. SRI. MOHAMMED RAFFIQ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- W. A. No. 1943 OF 2009 -------------------------------------------- Dated this the 28th day of August, 2009 JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against the judgment of the learned single Judge granting instalment facility for clearing the arrears of motor vehicle tax due in respect of a stage carriage owned by the appellant. The appellant's main grievance is against the condition imposed by the learned single Judge that appellant should be permitted to operate the vehicle only after clearing the entire arrears of vehicle tax. The contention of the appellant is that he will not be able to clear the arrears unless the vehicle is operated and income is earned. We find force in this contention because unless there is cash flow, appellant cannot raise fund to pay the arrears of tax. Further non-operation of the vehicle will lead to further complications like issue of temporary permit for substituted service, loss of employment to workers, etc. In the circumstances, we modify the judgment by directing respondents to permit the appellant to operate the vehicle on payment of first 2 instalment of Rs. 20,000/-. Time for payment of first instalment is extended by 10 days from today. As when the appellant remits the same, respondents will permit the appellant to operate the vehicle. However, balance will be payable on or before 30th of three succeeding months commencing from September, 2009. There will be direction to the appellant to surrender the vehicle to the RTO if there is default in payment of any of the instalments, failing which the first respondent will move this Court for initiating contempt, besides seizure of the vehicle. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 3