IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 23138 of 2011(N) ------------------------------------- PETITIONER: A.A.JOHAR, AYINICKAL HOUSE, P.O.MARATHACKARA, TRICHUR. BY ADV. SRI.M.A.FAYAZ SRI.N.J.JOHNSON RESPONDENTS: 1. REGIONAL TRANSPORT OFFICER, CIVIL STATION, TRICHUR-680003. 2. THE SECRETARY TO GOVERNMENT, TAXATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. BY GOVT. PLEADER SRI.JAMES MATHEW KADAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDI IN WPC 23138/2011 PETITIONER'S EXHIBITS: EXT. P1 PHOTOCOPY OF THE LETTER OF THE FIRST RESPONDENT DT. 10.8.11 EXT. P2 PHOTOCOPY OF THE REQUEST SUBMITTED TO THE SECOND RESPONDENT EXT. P3 PHOTOCOPY OF THE JUDGMENT IN WPC 19707/11 DT. 20.7.11 /TRUE COPY/ T.R.Ramachandran Nair, J. ------------------------------------------- W.P.(C) No.23138 of 2011 N ------------------------------------------- Dated this the 25th day of August, 2011 JUDGMENT All what the petitioner seeks for is grant of instalment facility to remit the tax demanded as per Exhibit P1. 2. Petitioner is a stage carriage operator having valid permit issued by the Regional Transport Authority, Thrissur to operate on the route Madikunnu Colony-Thrissur-Ayyanthole. It is stated that the permit is valid up to the year 2013 and the vehicle is having the Reg.No.KL-11/M 5580. 3. It is submitted in the writ petition that as the vehicle got some repairs, same was garaged for some months. Ultimately, repairs have been done and the vehicle is ready for plying. It is at that stage, petitioner was informed about the liability to pay the tax. It is stated that petitioner was under the impression that the Consultant would have made the applications in the G Form. The total amount fixed is `.1,89,929/-, as evident from Exhibit P1. 4. Petitioner is relying upon Exhibit P3 judgment of this Court, wherein, this Court granted instalment facility for payment of the tax. WPC 23138/2011 2 5. Learned counsel appearing for the petitioner prayed for grant of twelve months' instalment facility to pay off the tax. 6. Heard learned Government Pleader for the respondents. 7. Having regard to the fact that the bus was not plying for some time and the financial difficulties pointed out by the petitioner to pay off the entire amount in lumpsum, I am of the view that the plea raised by the petitioner is to be granted. 8. Therefore, there will be a direction to the petitioner to pay off the entire tax in ten equal monthly instalments. The first instalment will be paid on or before 15.9.2011 and the remaining instalments will be paid on the 15th of every month. The writ petition is accordingly disposed of. (T.R.Ramachandran Nair, Judge) tkv