IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 32920 of 2010(L) ------------------------- PETITIONER : ------------------ SMT.VALSAMMA THAMPI, W/O. THAMPI, 6/216, WILLINGTON ISLAND, KOCHI-3. BY ADV. SRI. I. DINESH MENON RESPONDENT(S): ------------------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, MATTANCHERY, KOCHI-3. 2. THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. R1 & R2 BY GOVT.PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.32920 of 2010 ------------------------------------------- Dated this the 2nd day of November, 2010 J U D G M E N T ---------------------- Limited prayer in this writ petition is to permit the petitioner to make payment of Motor Vehicle Tax due with respect to 4 goods carriage vehicles owned by her, in installments, within a reasonable period. 2. With respect to vehicle bearing No.KL-43- 8293, it was conceded that the vehicle is at present in the custody of the financier and the petitioner is not in possession of the vehicle. With respect to another vehicle bearing No.KL-43-669, it was revealed that fitness certificate had already expired on 7.5.2010 and as such the petitioner is not in a position to ply the vehicle, unless the fitness certificate is renewed. 3. With respect to the vehicles bearing Nos.KL- 43-670 and KL-43-3058 it is admitted that Motor Vehicle W.P.(C).32920/10- -2- Tax is in arrears for the period from 1.7.2010 to 31.8.2010. It is stated that for the period from 1.9.2010 onwards the petitioner has already submitted G-Forms claiming exemption and the same is pending consideration before the 1st respondent. 4. Under the above circumstances, I am of the view that with respect to the vehicles bearing Nos.KL-43-670 and KL-43-3058 the petitioner's claim for payment of arrears of Motor Vehicle Tax in installments can be considered. According to the petitioner, since the vehicles are not being put to use, she is not in a position to make payment of the arrears in a lump sum, and according to her the amount can be paid within a reasonable time in installments. 5. Having considered the facts and circumstances of the case, I am of the view that the limited prayer of the petitioner for installment payment can be allowed subject to conditions to be imposed. 6. In the result the writ petition is allowed in part, directing the 1st respondent to receive arrears of Motor W.P.(C).32920/10- -3- Vehicle Tax due with respect to the vehicles bearing Regn.Nos.KL-43-670 and KL-43-3058 along with additional tax if any due if paid by the petitioner, in 3 (three) equal monthly installments, falling due on or before 30.11.2010 and on or before the last day of the succeeding two months. 7. The 1st respondent is directed to permit the petitioner to ply the above said two vehicles bearing Regn.Nos.KL-43-670 and KL-43-3058 on payment of the first installment of tax amount as stipulated above, subject to condition of the petitioner filing an undertaking in the form of an affidavit to the effect that she will not part with ownership or possession of the vehicles till payment of the entire arrears are cleared and that she will not do any act which will cause diminution to the value of the vehicles in question. 8. It is made clear that the 1st respondent will be at liberty to proceed against the petitioner if it is found that tax or other amounts is due with respect to the vehicles for any period other than which is mentioned above. It is also W.P.(C).32920/10- -4- made clear that the operation of the vehicles need be permitted only if the vehicles are otherwise eligible for usage as per the relevant provisions of law. 9. It is further made clear that with respect to two other vehicles bearing Regn.Nos.KL-43-8293 and KL-43- 669 the respondents are at liberty to take appropriate steps for realisation of the tax amounts due. C.K.ABDUL REHIM, JUDGE. okb