Citation : 2021 Latest Caselaw 22922 Ker
Judgement Date : 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
WP(C) NO. 26125 OF 2021
PETITIONER:
SHAJI K T
AGED 36 YEARS
S/O. THANKAPAN, KUNNATHUPARAMBAN HOUSE, KARANODI,
VARANDARAPPILLY, THRISSUR - 680303.
BY ADV I.DINESH MENON
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, TAXATION
DEPARTMENT, SECRETARIAT, P.O, THIRUVANANTHAPURAM -
695001.
2 THE REGIONAL TRANSPORT OFFICER/TAXATION OFFICER,
OFFICE OF THE RTO, COLLECTORATE P.O, AYYANTHOLE,
THRISSUR - 680003.
3 THE JOINT REGIONAL TRANSPORT/OFFICER/TAXATION OFFICER,
SUB REGIONAL TRANSPORT OFFICE, IRINJALAKUDA,
IRINJALAKUDA P.O, THRISSUR - 680121.
OTHER PRESENT:
SRGP.DR.THUSHARA JAMES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26125 OF 2021
2
BECHU KURIAN THOMAS, J
................................................
W.P.(C) NO.26125 OF 2021
...........................................
Dated this the 23rd day of November, 2021
JUDGMENT
The limited prayer of the petitioner in this writ
petition is for a direction to consider Ext.P3 request for
grant of monthly instalments for payment of tax arrears
demanded for the vehicle bearing registration No.KL-
08/W-3131 for the period from 01.01.2020 to 31.12.2021
in 'five' equal monthly instalments.
2. I have heard Sri.I.Dinesh Menon, 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 WP(C) NO. 26125 OF 2021
instalments, since this Court had in other writ petitions
granted the relief of 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 2 nd
respondent to accept the motor vehicles tax arrears for
the period from 01.01.2020 to 31.12.2021 relating to
vehicle bearing registration No.KL-08/W-3131 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 AJM WP(C) NO. 26125 OF 2021
APPENDIX OF WP(C) 26125/2021
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE RC PARTICULARS OF VEHICLE KL-08 W 3131.
Exhibit P2 TRUE COPY OF THE DETAILS OF PAYMENT TAX OF VEHICLE KL-8 W 3131 OBTAINED FROM MVD SITE.
Exhibit P3 TRUE COPY OF THE REQUEST DATED 12.11.2021.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
18569/2021 DATED 10.09.2021.
RESPONDENT'S EXHIBITS : NIL AJM //TRUE COPY// PA TO JUDGE
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