IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WA.No. 1028 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.16269/2010 Dated 27/05/2010 .................... APPELLANT/PETITIONER ------------------------ MRS.TESSY, W/O.BENNY, POOVATHINKAL HOUSE NOORANI P.O.,PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENTS/RESPONDENTS: --------------- 1. THE REGIONAL TRANSPORT OFFICER, MALAPPURA PIN-676505. 2. THE REGIONAL TRANSPORT OFFICER, PALAKKAD-678001. 3. THE ASSISTANT MOTOR VEHICLE INPSETOR, REGIONAL TRANSPORT OFFICER,MALAPPURAM-676505. 4. THE REVENUE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM-1. BY G.P. SRI.LAKSHMI NARAYAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.1028 of 2010 .................................................................... Dated this the 22nd day of June, 2010. JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against judgment of the learned Single Judge granting instalment facility to the appellant to clear the arrears of tax but on condition that vehicle will be put to use on road only after payment of full arrears. Counsel for the appellant submitted that the vehicle is a stage carriage with a permit and unless vehicle is operated, appellant will not be able to generate funds to pay the arrears. We find force in this contention and also feel that idling of the vehicle will only cause disemployment for the workers, disability for the public etc. We, therefore, allow the Writ Appeal by modifying the judgment as follows. If appellant has paid first instalment, appellant will be permitted to start operation and if balance instalments are paid on due dates in terms of the judgment, appellant can operate the vehicle until arrears are cleared and thereafter also subject to permit obtained. However, if there is default in payment of any instalment on the due 2 date, there will be direction to the appellant to surrender the vehicle to the second respondent, failing which second respondent will bring the matter to the notice of this court for proceeding to initiate contempt against the appellant. Issue photocopy today itself. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms