Ibrahim vs The Secretary To Government
2021 Latest Caselaw 10604 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                        WP(C).No.1393 OF 2021(Y)


PETITIONER/S:

                IBRAHIM,AGED 40 YEARS
                S/O.ALAVI, POOZHIKKUTH HOUSE, ANAKKAYAM P.O.,
                MALAPPURAM-676 509.

                BY ADV. SRI.I.DINESH MENON

RESPONDENT/S:

      1         THE SECRETARY TO GOVERNMENT,
                TAXATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
                695 001.

      2         THE REGIONAL TRANSPORT OFFICER/TAXATION OFFICER,
                CIVIL STATION P.O., UPHILL, MALAPPURAM-676 505.

      3         THE DEPUTY TAHSILDAR (RR), ERANAD TALUK,
                ERANAD P.O., MALAPPURAM-676 509.




                 SMT. THUSHARA JAMES, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1393 OF 2021               2



                                JUDGMENT

Dated this the 29th day of March 2021

Heard both sides.

2. Learned counsel appearing for the petitioner submits

that the petitioner wants to clear the tax dues in respect of his

vehicle bearing registration No.KL 12B 6231 in ten equal monthly

instalments subject to his right to seek refund as per the law laid

down by this Court.

3. Learned Government Pleader submits that the

petitioner should first pay the tax in instalments and then his

representation at Ext.P5 for refund, if any, can be considered.

4. In the light of submissions made across the bar, the

writ petition is disposed with the following directions:-

The petitioner to pay the tax dues in respect of the vehicle

bearing No.KL 12B 6231 in ten equal monthly instalments

commencing from 05.04.2021. Thereafter, the respondents to

consider the representation of the petitioner at Ext.P5, according

to law.

SD/-

                                                  A.M.BADAR
ajt                                                   JUDGE




                            APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1              TRUE COPY OF THE JUDGMENT IN WPC

NO.8487/2019 DATED 20.03.2019.

EXHIBIT P2 TRUE COPY OF THE ORDER IN IA 6/2019 IN WPC NO.8487/2019 DATED 25.09.2019.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 05.03.2020.

EXHIBIT P4 TRUE COPY OF THE DICTUM IN KANNAPPAN VS RTO.

EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 08.01.2021.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC NO.27301/2020 DATED 08.12.2020.