IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 WP(C).No. 13626 of 2010(C) -------------------------- PETITIONER(S): --------------- SMT.RAJEENA JOHNSON, W/O.JOHNSON, PUDUKKADAN HOUSE, GANDHIGRAM, IRINJALAKUDA. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REVENUE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE JOINT REGIONAL TRANSPORT OFFICER, S.R.T.O., IRINJALAKUDA. BY G.P.SRI.K.P.PRADEEP KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.13626 of 2010 ---------------------------- Dated 23rd April, 2010 JUDGMENT The petitioner is the registered owner of a stage carriage bus bearing registration No.KL-8 F 5252. Motor vehicles tax in respect of the said vehicle was paid for the period up to 31.12.2009. Motor vehicles tax due for the period from 1.1.2010 to 31.3.2010 has not been paid. It is stated that the motor vehicles tax payable for the current quarter, namely from 1.4.2010 to 30.6.2010 is also due. It is also stated that though the permit is valid and current, due to mechanical complaints, the petitioner is not presently operating the stage carriage bus and therefore she is not in a position to pay the arrears of motor vehicles tax due for the period from 1.1.2010 to 30.6.2010 in lump. The petitioner also states that contribution to the Kerala Motor Transport Workers' Welfare Fund is also due. The petitioner submits that though she had submitted Ext.P2 representation dated 5.4.2010 before the Secretary to Government, Revenue Department requesting for permission to pay the motor vehicles tax due for the said period in instalments, orders have not been passed thereon. In this writ petition, the petitioner WP(C).No.13626/2010 2 seeks a direction to the first respondent to consider Ext.P2 representation and pass orders thereon within a time limit to be fixed by this Court. In the alternative, the petitioner seeks a direction to the second respondent to permit her to pay the arrears of motor vehicles tax due in respect of her vehicle in four equal monthly instalments. 2. I heard Sri.I.Dishesh Menon, learned counsel appearing for the petitioner and Sri.K.P.Pradeep Kumar, learned Government Pleader appearing for the respondents. The learned counsel for the petitioner submitted that the petitioner will pay the arrears of motor vehicles tax due for the period from 1.1.2010 to 30.6.2010 and arrears of contribution to the Kerala Motor Transport Workers' Welfare Fund in three equal monthly instalments, namely on or before 30.4.2010, 30.5.2010 and 30.6.2010 and that upon the first of such instalments being paid, she may be permitted to operate the stage carriage. The learned Government Pleader appearing for the respondents submitted that if the petitioner remits the instalments in time, the respondents will permit him to operate the vehicle. In the light of the aforesaid submissions, I dispose of this writ petition with the following directions: (i) The petitioner shall remit the arrears of motor vehicles WP(C).No.13626/2010 3 tax payable in respect of the stage carriage bearing registration No.KL-8 F 5252 for the period from 1.1.2010 to 30.6.2010 along with interest thereon in three equal monthly instalments. The first of such instalments shall be paid on or before 30.4.2010, the second on or before 30.5.2010 and the third on or before 30.6.2010. (ii) The petitioner shall also remit the arrears of contribution to the Kerala Motor Transport Workers' Welfare Fund along with interest in three equal monthly instalments, namely on or before 30.4.2010, 30.5.2010 and 30.6.2010. (iii) In the event of the petitioner complying with the aforesaid directions by remitting the instalments in time, the respondents shall permit the petitioner to operate the stage carriage, if it is covered by a valid permit. (iv) If the petitioner does not comply with the aforesaid conditions, it will be open to the official respondents to take appropriate steps to realise the arrears of tax and also to prevent the petitioner from operating the stage carriage bus. Sd/- P.N.RAVINDRAN Judge TKS The words “stage carriage” occurring in the 1st and 9th lines of page 1; 10th line of paragraph 2 in page 2; 1st, 12th and last lines of page 3 of the judgment in W.P(C)13626/2010 are corrected as “contract carriage” vide order dated 30/04/2010 in I.A.5756/2010. Sd/- Registrar (Judicial)