Kerala High Court
T K Ravikumar vs The State Of Kerala on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
WP(C) NO. 19898 OF 2021
PETITIONER:
T K RAVIKUMAR,
AGED 52 YEARS
S/O. KRISHNA PILLAI, THITTAVILA HOUSE, DESCENT
JUNCTION, KOLLAM.
BY ADVS.
C.A.NAVAS
T.K.SASIKUMAR
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
TRANSPORT/MOTOR VEHICLES DEPARTMENT, GOVERNMENT OF
KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001
2 THE REGIONAL PASSPORT OFFICER(CORRECTED0
OFFICE OF THE R.T.O, THODUPUZHA, IDUKKI DISTRICT, PIN-
685 581
ADDRESS OF R2 CORRECTED AS
THE REGIONAL TRANSPORT OFFICER, OFFICE OF THE RTO,
KOLLAM, KOLLAM DISTRICT, PIN-601021.
(ADDRESS OF R2 CORRECTED AS PER ORDER DATED 28-10-2021
IN IA NO.1/2021).
SRGP,DR.THUSHARA JAMES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No. 19898 of 2021
2
BECHU KURIAN THOMAS, J
------------------------
W.P.(C)No. 19898 of 2021
--------------------------
Dated this the 19th day of November, 2021
JUDGMENT
Petitioner seeks the benefit of Ext.P7 and Ext.P8
notifications for the payment of motor vehicle tax in instalments.
2. Petitioner is the registered owner of transport carriage
bearing No. KL02-AL-9369. The said vehicle was seized in
connection with Crime No.93/2017 and was kept in the premises
of Kottiyam Police Station from 13.02.2017 to 08.11.2020.
According to the petitioner, the vehicle was released by orders of
the Judicial First Class Magistrate's Court, Kollam and since the
vehicle was under detention, the tax due for the vehicle is not
liable to be paid. Petitioner further claims that he had submitted
the required 'G' Form to the department and that representations
as Ext.P9 and Ext.P10 were filed before the second respondent
seeking to permit the petitioner to remit the arrears of tax in
tune with Ext.P7 and Ext.P8 notifications. Further, petitioner
pleaded that, notwithstanding the above claim for waiver of tax
for the period for which the vehicle could not be operated,
W.P.(C)No. 19898 of 2021
petitioner was entitled to remit the arrears of the tax in
instalments
3. I have heard Sri.C.A.Navas, the learned Counsel for
the petitioner and Dr. Thushara James, the learned Senior
Government Pleader.
4. There is nothing on record to show that petitioner had
submitted the 'G' Form as required under law. However, if 'G'
Form was submitted, it goes without saying that petitioner can
claim the benefits available in accordance with law.
5. Be that as it may, since by Ext.P7 and Ext.P8
notifications, the Government itself had permitted the arrears of
motor vehicles tax to be paid in instalments, I am of the opinion
that petitioner ought to be given the same benefit of payment of
the motor vehicle tax, in instalments even though the application
of the petitioner to accept the same is belated.
6. Hence there will be a direction to the second
respondent to accept the motor vehicle tax due for the vehicle
bearing No.KL02-AL-9369 for the period from 01.01.2016 till
31.12.2021 in six equated monthly instalments first of which
W.P.(C)No. 19898 of 2021
commencing on 31.12.2021.
7. Since the vehicle was in Police custody for almost
three years, a different approach is required to be adopted to
enable the petitioner to put the vehicle back on the road.
Accordingly, if the petitioner deposits the first two instalments
under the above granted instalment facility, the necessary
certificate of fitness as well as the permit for the vehicle shall be
issued to the petitioner, if it is otherwise eligible under law. It is
clarified that a different approach is adopted in this case, on
account of the peculiar facts arising in this case and it shall not
be cannot be treated as a precedent, under any circumstances
whatsoever.
The writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ/19.11.2021
W.P.(C)No. 19898 of 2021
APPENDIX OF WP(C) 19898/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF REGISTRATION CERTIFICATE OF
VEHICLE BEARING NO. KL-02-AL 9369.
Exhibit P2 TRUE COPY OF THE SCENE MAHSAR DATED
13.02.2017 IN CRIME NO. 93/2017 OF
KOTTIYAM POLICE.
Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED
29.12.2020 ISSUED BY THE KOTTIYAM
POLICE.
Exhibit P4 TRUE COPY OF RELEVANT PAGE OF INSURANCE
CERTIFICATE DATED NIL.
Exhibit P5 TRUE COPY OF THE GOODS CARRIAGE PERMIT
DATED 10.10.2012.
Exhibit P6 TRUE COPY OF THE LETTER ISSUED BY THE
BANK OF INDIA DATED 02.03.2017.
Exhibit P7 TRUE COPY OF THE EXTRA ORDINARY GAZATE
DATED 20.02.2021.
Exhibit P8 TRUE COPY OF THE EXTRA ORDINARY GAZATE
DATED 20.02.2021.
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
16.11.2020.
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED
23.07.2021.
