IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WA.No. 15 of 2009 ------------------------- (AGAINST THE JUDGEMENT DTD. 29/08/2008 IN W.P.(C).NO.17235/2005) .............. APPELLANT/ PETITIONER: -------------------------------------- T.BABY GIRIJA, W/O.LATE CHANDRA BABU, AGED 45 YEARS, RAKENDU, T.K.D.ROAD, MUTTADA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. THE REGIONAL TRANSPORT OFFICE, KOLLAM. 2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SRI. MOHAMMED RAFIQ. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy,Ag.C.J. & V. Giri, J. -------------------------------------- W.A. No. 15 of 2009 --------------------------------------- Dated this the 14th day of January, 2009 Judgment Koshy,Ag.C.J. Appellant/Petitioner was demanded for arrears of motor vehicle tax from 1.10.1997 to 31.10.2000. It is the contention of the petitioner that the vehicle was operated by her husband. She filed the writ petition. It is contended that the vehicle was not running. The learned Judge found that the place of garage of vehicle in 'G' Form during this period was different from what is declared. Therefore, as per the statutory provisions, motor vehicle tax and additional tax have to be paid. The learned Government Pleader submitted that no interest was demanded and only tax and additional tax were demanded considering the facts and circumstances of the case. It is submitted that she is a widow and there is no other income for her and at least instalment facility may be granted. In these circumstances, if the entire balance amount is paid by the petitioner in five bi-monthly instalments, no further action shall be taken against the petitioner. First instalment should be paid on or before 15.2.2009. It is the contention of the petitioner W.A. No.15/2009 2 that she is unaware of the vehicle and since 'G' Form was already filed, before making any future demands a detailed enquiry shall be conducted regarding the vehicle. That aspect should be looked into by the respondents before making any further demands. Now, there is no permit. The matter should be considered objectively by the respondents. The writ appeal is disposed of. J.B.Koshy Acting Chief Justice V. Giri Judge vaa W.A. No.15/2009 3 J.B. KOSHY, Ag.C.J. AND P.R.RAMACHANDRA MENON,J. ------------------------------------- W.A.No. /2006 ------------------------------------- Judgment Date:14th January, 2009