Kerala High Court
Abdul Majeed vs State Of Kerala on 26 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
W.P.(C) NO.14540 OF 2022
PETITIONER:
ABDUL MAJEED,
AGED 39 YEARS, SON OF HYDROSE,
MANAKKAPARAMBIL HOUSE,
THAIKKATTUKARA P.O., ALUVA,
ERNAKULAM, PIN-683 101.
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-695 001.
2 THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE,
2ND FLOOR, TRANS TOWERS,
VAZHUTHACAUD, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN-695 014.
3 THE REGIONAL TRANSPORT OFFICER
MINI CIVIL STATION, ALUVA,
ERNAKULAM, KERALA, PIN - 683 101.
R1-R3 ADV. PARVATHY K., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C) NO.14540 OF 2022
JUDGMENT
The limited prayer of the petitioner in this writ petition
is for a direction to the respondents to consider the request
of the petitioner for grant of monthly installments for
payment of tax arrears demanded for the vehicle bearing
registration No.KL-41/M-5379 for the period from 01.04.2018
to 30.06.2022.
2. I have heard learned counsel for the petitioner as
well as learned Government Pleader for the respondents.
3. The learned Government Pleader opposes the said
prayer highlighting that, the statute does not provide for an
installment facility. Having regard to the circumstances now
prevailing owing to Covid-19 Pandemic and the disastrous
consequences of the same, I am of the view that, some
indulgence can be shown. It is also seen that, in Ext P5
judgment, similar relief is granted to the petitioner therein,
after taking note of the fact that, as per order bearing No.
Trans-B3/211/2022-Trans dated 28.01.2022 the Government
itself granted similar benefit to several similarly situated
W.P.(C) NO.14540 OF 2022
persons. In such circumstances, I deem it fit that the
petitioner also be granted similar reliefs as in other cases.
4. Accordingly, there will be a direction to the
respondents to accept the motor vehicles tax for the period
from 01.04.2018 to 30.06.2022 relating to vehicle bearing
registration No.KL-41/M-5379 in six equated monthly
installments, commencing from 15.05.2022. The subsequent
installments shall be paid on 15 th day of the following
months. 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 amount of tax
payable shall be accepted.
The writ petition is disposed of as above.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
bpr
W.P.(C) NO.14540 OF 2022
APPENDIX
PETITIONER'S 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.
EXHIBIT P3(A) TRUE COPY OF THE GOVT. ORDER NO.
B3/5505390/2021/TRANS DATED 11.10.2021.
EXHIBIT P3(B) TRUE COPY OF THE GOVT. ORDER NO.
B3/5505378/2021/TRANS DATED 11.10.2021.
EXHIBIT P3(C) TRUE COPY OF THE GOVT. ORDER NO.
B3/5505468/2021/TRANS DATED 11.10.2021.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATIONS DATED
03.03.2022 SUBMITTED BY THE PETITIONER
HEREIN TO THE 1ST RESPONDENT.
EXHIBIT P5 THE CERTIFIED COPY OF THE ORDER DATED
23.02.2022 IN W.P.(C) NO.6010 OF 2022.
