IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 4843 of 2010(E) ------------------------- PETITIONER(S): --------------- P.K.MUNEER, THIYYAKANDIYIL HOUSE, P.O.KIZHAKKOTH, KODUVALLY, KOZHIKODE DISTRICT, REPRESENTED BY HIS POWER HOLDER, O.K.KADER, OVANKANDY KUNIYIL HOUSE, P.O.KINALOOR, BALUSSERY (VIA) KOZHIKODE DISTRICT. BY ADV. SRI.V.RAJENDRAN SMT.K.S.SABITHA RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT OFFICER, KOZHIKODE. 2. DEPUTY TAHSILDAR (RR) KOZHIKODE. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 4843 of 2010 ------------------------------------- Dated, this the 4th day of March, 2010 J U D G M E N T The petitioner is challenging the recovery proceedings being pursued by the respondents for realisation of the tax due in respect of the stage carriage bearing No. KL 11 E 9535. 2. The case of the petitioner is that, with respect to the period in question, the petitioner had submitted necessary 'G' forms but the same has been rejected due to some technical reason and that such order was not served till date; under which circumstance, the petitioner is even prevented from availing the statutory remedy, which hence is sought to be intercepted in this Writ Petition. 3. The learned Government Pleader appearing for the respondents submits on instructions that, with respect to the period from 01.08.2007 to 30.09.2007, the petitioner had submitted 'G' forms. But on inspection, it was revealed that the vehicle was not kept in the 'work shop' as stated in the 'G' form and it was in the said circumstance, that appropriate orders were passed and the same was communicated by issuing demand notice to the petitioner which was accepted by the wife of the petitioner. It is thereafter, that the petitioner has chosen to take a WP(C) No.48432010 2 'U turn' by filing the present Writ Petition, which is not liable to be entertained in any circumstance. 4. The learned counsel for the petitioner submits that the petitioner is ready and willing to clear the liability, provided some breathing time is given in this regard. Considering the rival submissions, this Court permits the petitioner to satisfy the amount due under Exts.P1 and P2, by way of 'two' equal monthly instalments, the first of which shall be effected on or before the 30th of this month and the next and the last one shall be effected on or before the 30th of April, 2010. It is made clear that if any default is committed by the petitioner in satisfying the due amount as above, the respondents will be at liberty to proceed with further steps for realisation of the same in a lump. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc