IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 WP(C).No. 13288 of 2010(I) -------------------------- PETITIONER(S): --------------- E.P.AJITHKUMAR, PULAKKATT HOUSE, EDAPPALAM, PATTAMBI. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REVENUE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGIONAL TRANSPORT OFFICER/ TAXATION OFFICER, PALAKKAD. BY G.P.SRI.V.K.SHAMSUDEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.13288 of 2010 ---------------------------- Dated 20th April, 2010 JUDGMENT The petitioner is the owner of a stage carriage bus bearing registration No.KL-9 K 4916. Motor vehicles tax in respect of the said vehicle was paid for the period up to 31.12.2009. Motor vehicles tax due for the period from 1.1.2010 to 31.3.2010 has not been paid. It is stated that the petitioner is not presently operating the stage carriage bus and therefore he is not in a position to pay the arrears of motor vehicles tax due for the period from 1.1.2010 to 31.3.2010 in lump. The petitioner submits that though he had submitted Ext.P3 representation dated 31.3.2010 before the Secretary to Government, Revenue Department requesting for permission to pay the motor vehicles tax due for the said period in instalments, orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the first respondent to consider Ext.P3 representation and pass orders thereon within a time limit to be fixed by this Court. In the alternative, the petitioner seeks a direction to the second respondent to permit him to pay the arrears of motor vehicles tax due in respect of his vehicle in four equal WP(C).No.13288/2010 2 monthly instalments. 2. I heard Sri.I.Dishesh Menon, learned counsel appearing for the petitioner and Sri.V.K.Shamsudeen, learned Government Pleader appearing for the respondents. The learned counsel for the petitioner submitted that the petitioner will pay the arrears of motor vehicles tax due for the period from 1.1.2010 to 31.3.2010 in three equal monthly instalments, namely on or before 30.4.2010, 30.5.2010 and 30.6.2010 and that upon the first of such instalment being paid, he may be permitted to operate the stage carriage. The learned Government Pleader appearing for the respondents submitted that if the petitioner remits the instalments in time along with motor vehicles tax due for the period from 1.4.2010 to 30.6.2010, the respondents will permit him to operate the vehicle. In the light of the aforesaid submissions, I dispose of this writ petition with the following directions: (i) The petitioner shall remit the arrears of motor vehicles tax payable in respect of the stage carriage bearing registration No.KL-9 K 4916 for the period from 1.1.2010 to 31.3.2010 along with interest thereon in three equal monthly instalments. The first of such instalments shall be paid on or before 30.4.2010, the second on or before 30.5.2010 and the third on or before 30.6.2010. WP(C).No.13288/2010 3 (ii) The petitioner shall along with the said payment also pay the tax due for the period from 1.4.2010 to 30.6.2010. (iii) In the event of the petitioner complying with the aforesaid directions by remitting the instalments in time along with motor vehicles tax for the current quarter, namely for the period from 1.4.2010 to 30.6.2010, the respondents shall permit the petitioner to operate the stage carriage, if it is covered by a valid permit. P.N.RAVINDRAN Judge TKS