IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
W.P.(C) NO.14540 OF 2022
PETITIONER:
ABDUL MAJEED,
AGED 39 YEARS, SON OF HYDROSE,
MANAKKAPARAMBIL HOUSE,
THAIKKATTUKARA P.O., ALUVA,
ERNAKULAM, PIN-683 101.
BY ADVS.RAHUL SASI
NEETHU PREM
VIVEK.P.K
MANU K. MURALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF TRANSPORT,
GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE,
2ND FLOOR, TRANS TOWERS,
VAZHUTHACAUD, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN-695 014.
3 THE REGIONAL TRANSPORT OFFICER
MINI CIVIL STATION, ALUVA,
ERNAKULAM, KERALA, PIN - 683 101.
R1-R3 ADV. PARVATHY K., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C) NO.14540 OF 2022
JUDGMENT
The limited prayer of the petitioner in this writ petition is for a direction to the respondents to consider the request of the petitioner for grant of monthly installments for payment of tax arrears demanded for the vehicle bearing registration No.KL-41/M-5379 for the period from 01.04.2018 to 30.06.2022.
2. I have heard learned counsel for the petitioner as well as learned Government Pleader for the respondents.
3. The learned Government Pleader opposes the said prayer highlighting that, the statute does not provide for an installment facility. Having regard to the circumstances now prevailing owing to Covid-19 Pandemic and the disastrous consequences of the same, I am of the view that, some indulgence can be shown. It is also seen that, in Ext P5 judgment, similar relief is granted to the petitioner therein, after taking note of the fact that, as per order bearing No. Trans-B3/211/2022-Trans dated 28.01.2022 the Government itself granted similar benefit to several similarly situated -3- W.P.(C) NO.14540 OF 2022 persons. In such circumstances, I deem it fit that the petitioner also be granted similar reliefs as in other cases.
4. Accordingly, there will be a direction to the respondents to accept the motor vehicles tax for the period from 01.04.2018 to 30.06.2022 relating to vehicle bearing registration No.KL-41/M-5379 in six equated monthly installments, commencing from 15.05.2022. The subsequent installments shall be paid on 15 th day of the following months. Needless to say that in the event of default of any of the installments, the benefit granted under this judgment shall not be available to the petitioner. The amount of tax payable shall be accepted.
The writ petition is disposed of as above.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE bpr -4- W.P.(C) NO.14540 OF 2022 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE.
EXHIBIT P2 TRUE COPY OF THE PRINT OUT FROM VAHAN CITIZEN SERVICES WEBSITE PROVIDING TAX DETAILS OF THE VEHICLE.
EXHIBIT P3 TRUE COPY OF THE GOVT. ORDER NO.
B3/5505468/2021/TRANS DATED 08.10.2021. EXHIBIT P3(A) TRUE COPY OF THE GOVT. ORDER NO.
B3/5505390/2021/TRANS DATED 11.10.2021. EXHIBIT P3(B) TRUE COPY OF THE GOVT. ORDER NO.
B3/5505378/2021/TRANS DATED 11.10.2021. EXHIBIT P3(C) TRUE COPY OF THE GOVT. ORDER NO.
B3/5505468/2021/TRANS DATED 11.10.2021. EXHIBIT P4 TRUE COPY OF THE REPRESENTATIONS DATED 03.03.2022 SUBMITTED BY THE PETITIONER HEREIN TO THE 1ST RESPONDENT.
EXHIBIT P5 THE CERTIFIED COPY OF THE ORDER DATED 23.02.2022 IN W.P.(C) NO.6010 OF 2022.