IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 29130 of 2009(I) --------------------------------------- PETITIONER: ---------------------- K.P.CHELLAMMA, PARAMESWARATH HOUSE, CHUNAKKARA NORTH, MAVELIKKARA. BY ADV. SRI.G.PRABHAKARAN RESPONDENT : ------------------------- REGIONAL TRANSPORT OFFICER/MOTOR VEHICLES TAXATION OFFICER, ALAPPUZHA. BY ADV. SRI. MATHEW VADAKKEL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 29130 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October, 2009 J U D G M E N T 1. Petitioner is the owner of a stage carriage operated on the strength of a regular permit bearing registration No.KL-4/L 4197. Motor Vehicle Tax with respect to the quarter ending on 31.03.2009 and 30.06.2009 was in arrears and the petitioner had preferred a writ petition before this court as W.P.(C) No.16016/2009. This court permitted the the petitioner to make payment of the amount due in six equal monthly installments starting from 30.06.2009 onwards. It is admitted that after payment of two installments on the due dates, the petitioner had defaulted payment of the balance amount. At present Motor Vehicle Tax with respect to the quarter ending 30.09.2009 is also due. According to the petitioner she was ill and laid up and therefore the Vehicle Tax could not be paid as promptly in accordance with the installment facility W.P.(C)No. 29130 of 2009 -2- granted by this court. It is submitted that the vehicle was seized alleging non-payment of tax on 07.10.2009 and is kept in the custody of the respondent. Petitioner is seeking release of the vehicle based on the request that she may be permitted to pay off the liability in installments. 2. It is noticed that with respect to the period from 01.01.2009 to 30.06.2009 this court has already granted installment facility for payment of the arrears. Inspite of default committed, the petitioner has not approached this court seeking any extension of time. Therefore the vehicle could not be released unless the arrears pertaining to that period is cleared payment. With respect to the quarter ending on 30.09.2009, the petitioner can be granted three months time for payment of the tax amount due in installments. 3. Accordingly the Writ Petition is disposed of directing the respondent to release the vehicle on payment of the entire balance due for the period from 01.01.2009 to 30.06.2009. The respondent is further directed to permit W.P.(C)No. 29130 of 2009 -3- the petitioner to pay off the Motor Vehicle Tax due for the quarter ending 30.09.2009 in three (3) equal monthly installments starting from 15.11.2009 and on or before the 15th day of the succeeding two (2) months. 4. It is made clear that the petitioner shall be permitted to operate the vehicle on clearing the arrears up to 30.06.2009. It is further made clear that on the event of default of any of the amounts as stipulated above the respondent will be free to take further steps for recovery as permissible under law. C.K. ABDUL REHIM JUDGE shg/