IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 27677 of 2009(D) -------------------------------------- PETITIONER: ------------------- P.U.MOHANDAS, CHALIL HOUSE, OTTACHIMAKKOOL P.O., POOKODE, THALASSERY. BY ADV. MR.I.DINESH MENON. RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT OFFICER/ TAXATION OFFICER, KANNUR. 2. THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, TRIVANDRUM. R1 & R2 BY GOVT. PLEADER MR. MATHEW VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K. ABDUL REHIM, J - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 27677 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of October, 2009 J U D G M E N T 1. Limited prayer of the petitioner is to permit to remit Motor Vehicle Tax due with respect to his Stage Carriage vehicle, KL-11 H 4275, for the period from 01.07.2009 to 30.09.2009, in installments. According to him the tax due for the above said period could not be remitted due to extreme financial stringencies and due to the heavy monsoon season, during which the vehicle could not be operated continuously. According to the petitioner, eventhough he had approached the 2nd respondent seeking permission to remit the amount in installments, no decision is taken so far. If the petitioner is not permitted to conduct Stage Carriage operation, alleging default in payment of tax, that will put him to severe financial constrains, is the contention. 2. Having considered the facts and circumstances of the case I am inclined to show some indulgence in the W.P.(C)No. 27677 of 2009 -2- matter in permitting the petitioner to make payment of the tax amount in installments. 3. Accordingly the petitioner is permitted to remit Motor Vehicle Tax due with respect to his vehicle KL-11 H 4275 due for the period from 01.07.2009 to 30.09.2009, in three (3) equal monthly installments. The first of such installment shall be paid on or before 15.10.2009 and the subsequent installments on or before the 15th day of the succeeding two months. 4. It is made clear that the petitioner shall be permitted to ply the vehicle on payment of the first installment. It is further made clear that the tax may be received only after the respondent being convinced about ownership and possession of the vehicle by the petitioner and on the petitioner executing a bond undertaking that he will not alienate ownership or possession of the vehicle till the entire tax due has been remitted. On the event of default in payment of any one of the installment, the W.P.(C)No. 27677 of 2009 -3- respondents are free to proceed with further action in accordance with law. C.K. ABDUL REHIM JUDGE shg/