IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
WP(C) NO. 15355 OF 2022
PETITIONER:
ABDUL SHABOOR
AGED 34 YEARS ,S/O ABOOBACKER,
MUTHETHODI HOUSE, EDDAYUR NORTH P. O,
MALAPPURAM, PIN - 676552
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 - 695001
2 THE TRANSPORT COMMISSIONER
TRANSPORT COMMISSIONERATE,
2ND FLOOR, TRANS TOWERS
VAZHUTHACAUD, THYCAUD P.O,
THIRUVANANTHAPURAM., PIN - 695014
3 THE REGIONAL TRANSPORT OFFICER
REGIONAL TRANSPORT OFFICE,
MINI CIVIL STATION, KUNTHIPUZHA,
MANNARKKAD, PALAKKAD., PIN - 678541
OTHER PRESENT:
SMT. JASMINE M.M. (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.15355/2022 -2-
JUDGMENT
The limited prayer of the petitioner in this writ petition is for a direction to respondents for grant of installment facility for payment of tax arrears demanded for the period from 01.04.2021 to 31.03.2022 for the vehicles bearing registration No.KL-50-E-3406 and in the alternative to consider the representation submitted by the petitioner.
2. I have heard Sri.Rahul Sasi, learned counsel for the petitioner as well as Smt.Jasmin, learned Government Pleader for the respondents.
3. Though this Court had been granting installment facility only till 30.04.2022 in other similar cases, learned counsel for the petitioner invited my attention to the order dated 28.01.2022 bearing No.Trans-B3/211/2022-Trans. A perusal of the said order of the Government reveals that as many as 14 persons were granted the benefit of payment of motor vehicle tax in six monthly installments commencing from 10.02.2022 and ending on 08.07.2022. Taking into reckoning the said order of the Government, there is no reason why petitioner should not be granted such a benefit.
4. Accordingly, there will be a direction to the respondents to accept the motor vehicles tax arrears up to 31.03.2022 relating to vehicle bearing registration No. KL-50-E-3406 in six monthly installments. The first installment shall be payable on or before 16.05.2022; the second installment on or before 16-06.2022; the third installment on or before 16.07.2022; the fourth installment on or before W.P (C) No.15355/2022 -3- 16.08.2022, the fifth installment on or before 16.9.2022 and the sixth installment payable on or before 16.10.2022 respectively.
5. The above facility shall not be available to the petitioner if he had availed such an installment facility earlier.
6. 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 writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE AMG W.P (C) No.15355/2022 -4- APPENDIX OF WP(C) 15355/2022 PETITIONER 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 ISSUED BY THE 1ST RESPONDENT.
Exhibit P3(a) TRUE COPY OF THE GOVT. ORDER NO.
B3/5505390/2021/TRANS DATED 11.10.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P3(b) TRUE COPY OF THE GOVT. ORDER NO.
B3/5505378/2021/TRANS DATED 11.10.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P3(c) TRUE COPY OF THE GOVT. ORDER NO.
B3/5505468/2021/TRANS DATED 11.10.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE REPRESENTATIONS DATED 15.04.2022 SUBMITTED BY THE PETITIONER HEREIN TO THE 1ST RESPONDENT.
Exhibit P5 THE TRUE COPY OF THE ORDER DATED 23.02.2022 IN W.P.
(C) NO. 6010 OF 2022.