IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 34586 of 2009(P) -------------------------- PETITIONER(S): --------------- NINISH V.P., S/O.NARAYANAN, MANDILICHIKANDI HOUSE, AKKAL P.O., VADAKARA. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER/ TAXATION OFFICER, VADAKARA. 2. THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.34586 OF 2009 ------------------------------ Dated this the 2nd day of December, 2009 J U D G M E N T ---------------------- 1. Limited prayer in this writ petition is to permit the petitioner to pay the Motor Vehicle Tax in arrears with respect to the vehicle bearing Regn:No:KL-18/E-1269, in installments. According to the petitioner the tax due with respect to the vehicle for the period from 1.10.2009 to 31.10.2009 is in arrears, and the petitioner could not remit the tax within the time stipulated due to unforeseen financial stringencies. It is stated that eventhough the petitioner had approached the authority seeking permission for payment of the amount in installments, the same was not acceded to. Hence this writ petition. 2. Having considered facts and circumstances, I am of the opinion that some indulgence can be shown in the matter of permitting the petitioner to pay the arrears in installments. Accordingly the writ petition is disposed of directing the 1st respondent to receive Motor Vehicle Tax with respect to vehicle bearing Regn:No:KL-18/E-1269, due for the period from 1.10.2009 to 31.12.2009, if the petitioner makes payment of the amounts along with additional tax if any due in 3 equal monthly W.P.(C).34586/09-P 2 installments, falling due on or before 15.12.2009 and on or before the 15th day of the succeeding months. 3. It is made clear that on payment of the first installment, the petitioner shall be permitted to ply the vehicle provided there is no other arrears pertaining to any other period and provided that the vehicle is not under detention of any authority. The petitioner shall furnish an undertaking before the 1st respondent to the effect that he will not alienate ownership or possession of the vehicle until entire tax arrears is cleared. 4. It is further made clear that on the event of default in payment of any of the installments the respondents are free to proceed with further steps of recovery as provided under the law. C.K.ABDUL REHIM, JUDGE. okb