IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 25393 of 2010(Y) --------------------------------- PETITIONER(S): ------------------- BIJOY.S,S/O.DR.A.SREEDHARAN, SKYLINE CITY PARK, FLAT NO.8A, JAWAHAR NAGER, KADAVANTHARA, BY ADVS. SRI.K.S.DILIP SRI.SAJU N.A. SMT.G.LEKHA SRI.A.S.SAJUSH PAUL SMT.P.J.FLONY SMT.UMA.G.KRISHNAN SMT.E.K.SAJNA RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESETNED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM 2. THE TAHSILDAR(RR)KANAYANNUR TALUK, ERNAKULAM KOCHI-682011. 3. VILLAGE OFFICER, ELAMKULAM VILLAGE, ERNAKULAM. 4. STATE OF KERALA, REPRESETNED BY THE REGIONAL TRANSPORT OFFICER, MOTOR VEHICLES DEPARTMENT, ERNAKULAM. R1 TO R4 BY GOVT.PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 25393 of 2010-Y ---------------------------- Dated this the 19th day of August, 2010. J U D G M E N T The petitioner has approached this Court, challenging the revenue recovery proceedings, as borne by Ext.P1, seeking to realize the amount of Rs.49,140/- with interest and collection charges, stated as arrears of tax payable under the Kerala Motor Vehicles Taxation Act in respect of the vehicle bearing No.KL 02-B 6669, which in fact has been pursued pursuant to the requisition made by the RTO, Ernakulam. 2. The case of the petitioner is that, the petitioner is not the owner of the vehicle mentioned in Ext.P1 and that there is absolutely no connection whatsoever, which hence is sought to be intercepted in this Court. 3. The learned Government Pleader appearing for the respondents submits on instructions that, an obvious mistake has crept in Ext.P1, while mentioning the number of the vehicle as KL 02-BA 6669 in place of 'KL 02 B 6669'. It is asserted by the learned Government Pleader that the vehicle bearing No.KL 02-B 6669 W.P(C) No. 25393 of 2010-Y 2 belongs to the petitioner and that the petitioner is a defaulter in respect of the tax arrears, which in turn is sought to be realized by the RTO, Ernakulam. 4. The learned counsel for the petitioner fairly concedes that, the vehicle bearing No.KL 02-B 6669 actually belongs to the petitioner and that the petitioner happened to approach this Court only under the impression that the liability to be satisfied by the owner of the other vehicle is being sought to be realized from the petitioner and that the actual liability, if any, in respect of the vehicle bearing No.'KL 02 B 6669' is not intended to be disputed. The learned counsel further submits that, the petitioner might be permitted to clear the said liability by way of reasonable instalments, more so since the petitioner has not received any proper notice in respect of the said vehicle. 5. After hearing both the sides, this Court finds that the petitioner could be permitted to clear the liability shown in Ext.P1, treating the said notice as issued in respect of the vehicle bearing No.'KL 02 B 6669'; by way of 'four' equal monthly instalments, the first of which shall be effected on or before the 10th of September, 2010; to be followed by similar instalments to be effected on or W.P(C) No. 25393 of 2010-Y 3 before the 10th of the succeeding months. Subject to the above, all further coercive proceedings shall be kept in abeyance. It is made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will be open to the respondents, to proceed with appropriate steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab