Mohammed Shafir A.M vs The State Of Kerala

Citation : 2022 Latest Caselaw 6485 Ker
Judgement Date : 8 June, 2022

Kerala High Court
Mohammed Shafir A.M vs The State Of Kerala on 8 June, 2022
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                       WP(C) NO. 17804 OF 2022
PETITIONER:

          MOHAMMED SHAFIR A.M,
          AGED 33 YEARS,
          S/O.MUSTHAFA, ANIMANGALATH HOUSE,
          PERINTHALLUR, TRIPRANGODE, VETTOM,
          PALLIPURAM, MALAPPURAM DISTRICT, PIN - 676 102.

          BY ADV K.RAKESH



RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF MOTOR VEHICLES,
          GOVERNMENT SECRETARIAT, PALAYAM,
          TRIVANDRUM, PIN - 695 001.

    2     THE REGIONAL TRANSPORT OFFICER,
          REGIONAL TRANSPORT OFFICE,
          CIVIL STATION, MALAPPURAM,
          MALAPPURAM DISTRICT, PIN - 676 505.

    3     THE SUB REGIONAL TRANSPORT OFFICER,
          SUB REGIONAL TRANSPORT OFFICE, TIRUR,
          MALAPPURAM DISTRICT, PIN - 676 101.

          SMT.THUSHARA JAMES -SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17804 OF 2022

                                      2


                               JUDGMENT

Petitioner confines his relief in the writ petition to a direction to the respondents to accept payment of motor vehicle tax arrears demanded for the vehicle bearing registration No.KL-55N-4937 in instalments and to direct the respondents to issue fitness certificate / permit to the said vehicle after permitting him to pay motor vehicles tax in instalments. It is submitted by the learned counsel for the petitioner that the arrears of motor vehicle tax is Rs.98,390/- for the period from 01.04.2020 to the current quarter.

2. I have heard Adv.K.Rakesh, the learned counsel for the petitioner as well as Smt.Thushara James, learned Senior Government Pleader for the respondents.

3. Having regard to the circumstances now prevailing, as well as the contentions raised by the learned counsel for the petitioner, I am of the view that, since this Court had, in other writ petitions granted the relief of equated monthly instalments for clearing the arrears of motor vehicles tax, petitioner be also granted similar reliefs as in other writ petitions.

4. Accordingly, there will be a direction to the respondents to accept the motor vehicles tax of Rs.98,390/- (Rupees ninety eight WP(C) NO. 17804 OF 2022 3 thousand three hundred and ninety only) (arrears from 01.04.2020 to the current quarter) relating to vehicle bearing registration No.KL- 55N-4937 in 'five' equated monthly instalments, the first of which shall be payable on or before 30.06.2022 and the subsequent instalments shall be paid on the last working day of every succeeding month. Needless to say, in the event of default of any of the instalments, the benefit granted under this judgment shall not be available to the petitioner.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 17804 OF 2022 4 APPENDIX OF WP(C) 17804/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE BEARING REGISTRATION NO.KL-55N-4937 Exhibit P2 TRUE COPY OF THE TAX TOKEN SHOWING TAX PAYMENT TILL 31-3-2020