IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 4959 of 2010(T) ------------------------- PETITIONER: --------------- M.I.SHIHABUDHEEN S/O.MOHAMMED ISMAIL, PROPRIETOR M.M.S BUS SERVICE, MANATH VADAKKEPUTHEN PURAYIL, THRIKKAKKARA, KOCHI 682 021. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT: --------------- THE SECRETARY (RTO) REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA. GOVERNMENT PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ................................................... WP (C) NO. 4959 OF 2010 ............................................... Dated this the 5th day of March, 2010 J U D G M E N T The petitioner has approached this Court contending that he is not liable to pay the tax in respect of the vehicle bearing No. KL7-AN-03 for the period during which the vehicle was under 'police custody' and also in respect the period after expiry of the 'fitness certificate'. 2. Learned Government Pleader appearing for the respondents submits, with reference to the contents of the statement filed before this Court, that the averments and allegations raised by the petitioner are devoid of any merit or bona fides. It is stated that the vehicle was in the police custody from 28-10-2010 to 13-01-2010 and that the petitioner is even otherwise liable to pay the amount in respect of other periods, to an extent of Rs.69,730/- plus additional tax. WP (C) NO. 4959 OF 2010 2 3. Learned counsel for the petitioner submits that the petitioner is ready and willing to clear the entire liability and that he might be given some breathing time by way of installments, with liberty to claim refund if the legal position with regard to issue, now stated as pending consideration before the Full Bench of this Court is answered in favour of the persons like petitioner. 4. After hearing both the sides the petitioner is permitted to clear entire liability by way of 'four' equal monthly installments, the first of which shall be effected on or before 30-03-2010, to be followed by the subsequent installments to be effected on or before the 30th of the succeeding months. Subject to this, all further coercive steps shall be kept in abeyance. It is also made clear that, if any default is committed by the petitioner in satisfying the amount as above, the respondent will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum. The rights and liberties of the WP (C) NO. 4959 OF 2010 3 petitioner to claim refund in respect of the period during which the vehicle was in the 'police custody' are left open. It is also made clear that the petitioner would stand permitted to satisfy the current tax as well. Writ petition is disposed of as above P.R. RAMACHANDRA MENON, JUDGE. rkc