IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 9642 of 2011(E) -------------------------------- PETITIONER(S): ------------------- MUJEEB RAHMAN, S/O.AHMED, NAJIMUNNISA MANZIL, VELIMUKKU P.O., PADIKKAL, TIRURANGADY TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.KISHOR B. RESPONDENT(S): -------------------- SUB REGIONAL TRANSPORT OFFICER, TIRUR, MALAPPURAM DISTRICT - 676 101. BY GOVT.PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 9642 of 2011 --------------------------------- Dated this the 28th day of March, 2011 JUDGMENT Limited prayer in this writ petition is for permitting payment of arrears of motor vehicle tax due with respect to petitioner's vehicles bearing Nos. KL-55B-224 and KL-10K-9639, in instalments. Motor vehicle tax with respect to the periods from 1.10.2010 to 28.2.2011 is in arrears with respect to vehicle No.KL-55B-224, and for the periods of three quarters from 1.7.2010 onwards with respect to vehicle No.KL-10K-9639, according to the petitioner. It is stated that the vehicles could not be operated and the petitioner could not seek exemption from payment of tax by filing G-Form at proper time. Since the petitioner is not in a position to pay the amounts in lump sum, he is seeking direction for payment of the arrears in instalments. 2. Heard; learned Government Pleader appearing on behalf of respondents. Considering the limited prayer, I am of the view that the petitioner can be permitted to pay off the liability within a reasonable time, in instalments. WP(C) 9642/2011 2 3. Accordingly, the writ petition is disposed of directing the respondent to receive motor vehicle tax due with respect to the petitioner's vehicle, bearing Nos.KL-55B-224 and KL-10K-9639, if the petitioner remits the entire arrears along with additional tax, if any due, in 4 (four)equal monthly instalments falling due on or before 30.4.2011 and on or before the last day of the succeeding months. 4. It is made clear that on payment of the 1st instalment, the respondent shall permit the petitioner to ply the vehicles, subject to condition of the petitioner furnishing an undertaking in the form of an affidavit to the effect that, he will not part with ownership or possession of the vehicles until the entire arrears is cleared payment, and subject to further condition of the petitioner remitting tax due for the ensuing quarters. 5. It is made clear that acceptance of tax as directed above shall only be on fulfillment of the statutory pre- conditions. It is also made clear that this will not preclude the petitioner from the liability for payment of any other amount due or it will not preclude any other action if initiated against the WP(C) 9642/2011 3 vehicles on the basis of any charge, other than non payment of tax. C.K.ABDUL REHIM,JUDGE pmn/