IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 WP(C).No. 19103 of 2009(G) ------------------------------------------- PETITIONER(S): ---------------------- ASHARAF, S/O.AVARAN HAJI, CHATHANATHIL HOUSE, PUNNATHALA, KURUVATHOOR, MALAPPURAM. BY ADV. MR.I.DINESH MENON RESPONDENT(S): -------------------------- 1. THE REVENUE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, TIRUR. BY GOVT. PLEADER MR.P.K.BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 19103 OF 2009 ......................................................................... Dated this the 10th July, 2009 J U D G M E N T The grievance of the petitioner is against the coercive steps taken by the respondents for realisation of the amount stated as due from the petitioner towards the arrears of tax payable under the Kerala Motor Vehicles Taxation Act 1976 . 2. The case of the petitioner is that the concerned stage carriage could not be plied during the period in question for which he could not file the requisite G Form before the concerned authority under the Kerala Motor Vehicles Taxation Act. The learned Counsel for the petitioner submits that by virtue of the fate he is now working as cleaner in some other vehicle particularly when the stage carriage owned by him could not be operated any further since the same has been seized by the financier, to whom huge liability is still there. The learned Counsel for the petitioner submits that every earnest effort is being taken to see that the liability to the respondents towards tax arrears is cleared within no time. The learned Counsel for the petitioner seeks for six months' time to wipe out the entire W.P.(C) No. 19103 OF 2009 2 liability, which is nearly Rs. 1.5 lakhs, so as to enable him to save his property from being sold in public auction scheduled to be held on 16th of this month. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the petitioner is directed to clear the entire liability by way of six equal monthly installments, the first of which shall be paid on or before 30.07.2009 followed by similar installments to be effected on or before the 30th of the succeeding months. Subject to the above, the coercive steps now being taken against the petitioner pursuant to Ext. P1 shall be kept in abeyance. It is made clear that if any default is committed by the petitioner in clearing the liability as aforesaid, the respondents will be at liberty to proceed with further steps from the stage where it stands now, for realisation of the entire liability in a lump sum. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk