IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 35624 of 2009(W) -------------------------- PETITIONER(S): --------------- SAJEEV C.S., CHOONDACHERREYIL, AMANAKARA P.O., RAMAPURAM, PALA. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- THE JOINT REGIONAL TRANSPORT OFFICER, PALA. BY G.P. SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ----------------------------------------- W.P(C).No.35624 of 2009 ----------------------------------------- Dated this the 10th December, 2009 JUDGMENT The limited prayer in this Writ Petition is to permit the petitioner to pay the motor vehicle tax with respect to his vehicle bearing No.KL-5/U-2709, due for the period from 1.7.2009 to 31.12.2009, in installments. According to the petitioner, the vehicle was not operating during the relevant period and the petitioner was in stringent financial condition, so that he could not effect payment of the amounts within the time stipulated under the statute. It is submitted that eventhough the petitioner has approached the authority seeking payment of the arrears in installments the same was not allowed. Hence this writ petition. 2. Having considered facts and circumstances of the case, I am of the opinion that indulgence can be shown in the matter of permitting the petitioner to pay off the entire arrears within a reasonable time in installments. 3. Accordingly, the respondent is directed to receive motor vehicle tax due with respect to vehicle bearing No.KL-5/U-2709, due for the period 1.7.2009 to 31.12.2009 along with additional tax if any liable, in three equal monthly installments falling due 2 on or before 31.1.2010 and on or before the last day of the succeeding months. 4. It is made clear that on payment of the first installment as stipulated above, the petitioner shall be permitted to ply the vehicle, on condition of the petitioner executing an undertaking to the effect that he will not alienate ownership or possession of the vehicle till the entire arrears is cleared and also on condition that there is no other arrears pertaining to any further period and that the vehicle is not under detention of any authority. 5. It is further made clear that on the event of default of payment any of the installments the respondent will be free to proceed with further steps of recovery, as permissible under law. C.K.Abdul Rehim, Judge cms