IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 36560 of 2010(T) -------------------------- PETITIONER(S): --------------- P.V.DILEEPKUMAR, S/O.VELAYUDHAN, PULIKKAL HOUSE, ANNALLUR, THRISSUR DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. JOINT REGIONAL TRANSPORT OFFICER, IRINJALKKUDA, PIN-680307. 2. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND THRISSUR - 680582. BY SR.GOVT. PLEADER SRI.MATHEW GEORGE VADEKKAL FOR R1 ADV. SRI.K.S.MANU, SC, KMTWWFB FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.36560 of 2010-T ---------------------------------------- Dated this the 20th day of January, 2011. J U D G M E N T The petitioner is the owner of a heavy goods vehicle bearing registration No.KL-07D-4939. Motor Vehicle Tax due with respect to the above vehicle is in arrears from 30.6.2008 onwards. According to the petitioner, he had submitted 'Form G Intimation' claiming exemption from payment of tax for certain periods. But that was not allowed. The petitioner is also in arrears of payment of contributions due to the Kerala Motor Transport Workers Welfare Fund for the period from 6/2005 onwards. According to the petitioner he is facing stringent financial condition and he is not in a position to make payment of the arrears of Motor Vehicle Tax as well as the contributions due to the welfare fund, in lump sum. Hence the limited prayer made is only to permit payment of the above said arrears in instalments within a reasonable time. 2. Learned Government Pleader appearing on behalf W.P(C) No.36560 of 2010-T 2 of the 1st respondent, on the basis of instructions, submitted that Motor Vehicle Tax is due with respect to the vehicle, from 30.6.2008 onwards. So also the standing counsel appearing for the 2nd respondent submitted that there is a total arrears of an amount of Rs.26,800/- due towards contributions payable for the period from 6/2005 till 12/2010. 3. Considering the facts and circumstances, I am of the view that the petitioner can be permitted to pay off the arrears in instalments within a reasonable period. Accordingly, the writ petition is disposed of directing the 1st respondent to accept Motor Vehicle Tax due with respect to the vehicle bearing No.KL-07D 4939, if the entire arrears along with additional tax if any due is paid in 4 (four) equal monthly instalments, falling due on or before 28.2.2011 and on or before the last day of succeeding months. 4. The petitioner is also permitted to make payment of the arrears due to the 2nd respondent towards welfare fund, in a phased manner in 4 (four) equal monthly instalments on or before the dates as stipulated above along W.P(C) No.36560 of 2010-T 3 with interest if any due on the said amount. 5. If payment of first instalment of the tax amount as well as the contributions due to the welfare fund is effected as directed above, the 1st respondent shall permit the petitioner to operate the vehicle provided the petitioner is furnishing an undertaking in the form of an affidavit to the effect that, he will not transfer the ownership or possession of the vehicle or that he will not cause anything which will diminish value of the vehicle, till the entire arrears of tax is paid. 6. Needless to say that on the event of default in payment of any one of the instalments the respondents will be free to proceed with further steps of recovery. 7. It is further made clear that the relief granted above is without prejudice to actions if any pending or to be initiated against the petitioner for any other violation or charge against the vehicle in question. C.K.ABDUL REHIM JUDGE ab