Roney P.K vs State Of Kerala
2021 Latest Caselaw 23873 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943
                              WP(C) NO. 27656 OF 2021
PETITIONER:

                  RONEY P.K
                  AGED 40 YEARS
                  S/O. KUNJACHAN,
                  PEEDIYEKKAL HOUSE,
                  CHERANALLOOR P.O.,
                  COCHIN-682 034.

                  BY ADV RAHUL SASI



RESPONDENTS:

       1          STATE OF KERALA
                  REPRESENTED BY ITS SECRETARY,
                  DEPARTMENT OF TRANSPORT,
                  GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.

       2          THE TRANSPORT COMMISSIONER
                  TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS,
                  VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM-695 014.

       3          THE REGIONAL TRANSPORT OFFICER
                  REGIONAL TRANSPORT OFFICE, CIVIL STATION, KAKKANAD,
                  ERNAKULAM-682 030.

                  DR.THUSHARA JAMES, SR.


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27656 OF 2021

                                          2



                          BECHU KURIAN THOMAS, J
                          =======================
                           W.P.(C) No. 27656 of 2021
                          ........................................
                      Dated this the 4th day of December, 2021

                                    JUDGMENT

The limited prayer of the petitioner in this writ petition is

for a direction to consider Ext.P3 representation for grant of

monthly instalments for payment of tax arrears demanded

for the vehicle bearing registration Nos.KL-42/B-5500 & KL-

47/B-1285 for the period from 01.04.2021 to 31.12.2021 and

01.10.2019 to 31.12.2021 respectively, in '10' equal monthly

instalments.

2. I have heard Sri.Rahul Sasi, the learned counsel for the

petitioner and Dr.Thushara James, the 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 though the prayer is for

consideration of the request for grant of instalments, since

this Court had in other writ petitions granted the relief of WP(C) NO. 27656 OF 2021

equated monthly instalments for clearing the arrears of

motor vehicles tax, instead of granting a direction to

consider the petitioner's request, I deem it fit that the

petitioner is also granted similar reliefs as in other writ

petitions.

4. Accordingly, there will be a direction to the 3 rd respondent

to accept the motor vehicles tax arrears for petitioner's

vehicle bearing registration Nos.KL-42/B-5500 & KL-47/B-

1285 for the period from 01.04.2021 to 31.12.2021 and

01.10.2019 to 31.12.2021 respectively; in 'five' equated

monthly instalments, the first of which shall commence on

or before 01.01.2022.

5. Needless to say that 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.

Sd/-

BECHU KURIAN THOMAS, JUDGE AMV/06/12/2021 WP(C) NO. 27656 OF 2021

APPENDIX OF WP(C) 27656/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REGISTRATION NO'S. KL-42/B- 5500.

Exhibit P1(A) TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REGISTRATION NO'S. KL-47/B-

Exhibit P2 TRUE COPY OF THE GOVT. ORDER NO.B3/5505468/2021/TRANS DATED 8.10.2021 ISSUED BY THE IST RESPONDENT.

Exhibit P2(A) TRUE COPY OF THE GOVT. ORDER NO.B3/5505390/2021/TRANS DATED 11.10.2021 ISSUED BY THE IST RESPONDENT.

Exhibit P2(B) TRUE COPY OF THE GOVT. ORDER NO.B3/5505378/2021/TRANS DATED 11.10.2021 ISSUED BY THE IST RESPONDENT.

Exhibit P2(C) TRUE COPY OF THE GOVT. ORDER NO.B3/5505468/2021/TRANS DATED 11.10.2021 ISSUED BY THE IST RESPONDENT.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 10.11.2021 SUBMITTED BY THE PETITIONER HEREIN TO THE IST RESPONDENT.

RESPONDENTS EXHIBITS NIL

TRUE COPY