IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 27346 of 2009(K) -------------------------- 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. SENIOR GOVERNMENT PLEADER SRI.A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.27346 OF 2009 ------------------------------ Dated this the 30th day of September, 2009 J U D G M E N T ---------------------- 1. Limited prayer in the writ petition is for a direction to the respondents to permit the petitioner to pay the Motor Vehicle Tax due with respect to stage carriage bearing Regn:No:KL-18/E-1269, owned by the petitioner, for the period from 1.7.09 to 30.9.09, in installments. According to the petitioner, tax amount due with respect to the above said period could not be paid within the due date only because of unforeseen financial crisis due to non-operation of the vehicle. Complaint of the petitioner is that eventhough he had approached the 2nd respondent seeking directions to the authority concerned to accept the tax in monthly installments, the same was not considered. Because of non-acceptance of the tax due for the quarter, the petitioner is put to prejudice since he could not conduct the stage carriage operations, is the submission. 2. Having considered facts and circumstances of the case I am inclined to dispose of the writ petition directing the 1st respondent to accept the tax due for the above said period in installments. W.P.(C).27346/09 2 3. In the result the 1st respondent is directed to receive tax due with respect to the vehicle No:KL-18/E-1269 due for the period from 1.7.09 to 30.9.09, in 3 equal monthly installments starting from 5th October, 2009 and the subsequent installments on or before the 5th day of the succeeding months. 4. It is made clear that if the petitioner makes default in payment of any of the installments, the benefit granted under this judgment will stand automatically recalled and it will be open to the respondents to proceed against in accordance with law for realisation of the tax amount. The petitioner will be permitted to ply the vehicle on payment of the 1st installment as stipulated above. C.K.ABDUL REHIM, JUDGE. okb