Savin Vishwam vs The State Of Kerala
2022 Latest Caselaw 1731 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943

                    WP(C) NO. 4338 OF 2022

PETITIONERS:


    1     SAVIN VISHWAM
          AGED 34 YEARS, S/O. VISHWANATHAN,
          KUMBUKAL HOUSE,
          KANJIRAPILLY P.O,
          KOTTAYAM DISTRICT
    2     BENNICHEN
          AGED 48 YEARS, S/O.JOSEPH,
          KALAPPURACKEL HOUSE,
          POOVATHUNGAL P.O,
          KOTTAYAM DISTRICT
          BY ADVS.
          SRI.C.A.NAVAS
          SRI.T.K.SASIKUMAR
          SRI.PRAISHEEL PRAKASAM
          SRI.P.A.SHAJI SAMAD


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 TRANSPORT COMMISSIONER
          GOVERNMENT OF KERALA,
          THIRUVANANTHAPURAM PIN 695 001
 W.P.(C) No.4338/22
                                   -:2:-

      3       THE REGIONAL TRANSPORT OFFICER
              REGIONAL TRANSPORT OFFICE,
              KOTTAYAM DISTRICT PIN 686 002


              SMT.JASMIN M.M., GOVT. PLEADER



       THIS     WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   16.02.2022,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.4338/22
                                         -:3:-

                         BECHU KURIAN THOMAS, J.
                         -----------------------------------------
                             W.P.(C) No.4338 of 2022
                         ----------------------------------------
                     Dated this the 16th day of February, 2022

                                    JUDGMENT

The limited prayer of the petitioners in this writ petition is

for a direction to the 3rd respondent for grant of monthly

instalments for payment of tax arrears demanded for the

vehicles bearing registration Nos.KL-33-D-2233 and KL-05-AP-

7627 in monthly instalments as in Ext.P7.

2. I have heard Sri.C.A.Navas, learned counsel for the

petitioners as well as Smt.M.M.Jasmin, learned Government

Pleader for the respondents.

3. Though this Court had been granting instalment facility

only till 30.04.2022 in other similar cases, learned counsel for

the petitioners invited my attention to the order dated

28.01.2022 bearing No.Trans-B3/211/2022-Trans, produced as

Ext.P7. A perusal of the said order of the Government reveals

that as many as 14 persons were granted the benefit of

payment of motor vehicle tax in six monthly instalments

commencing from 10.02.2022 and ending on 08.07.2022. W.P.(C) No.4338/22

Taking into reckoning Ext.P7 order of the Government, there is

no reason why petitioners should not be granted such a benefit.

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

respondent to accept the motor vehicles tax arrears up to

31.12.2021 relating to vehicles bearing registration Nos.KL-33-

D-2233 and KL-05-AP-7627 in six monthly instalments. The first

instalment shall be payable on or before 28.02.2022; the second

instalment on or before 30.03.2022; the third instalment on or

before 30.04.2022; the fourth instalment on or before

30.05.2022, the fifth instalment on or before 30.06.2022 and the

sixth instalment payable on or before 30.07.2022 respectively.

5. The above facility shall not be available to the

petitioners if they had availed such an instalment facility earlier.

6. 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 petitioners.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE vps W.P.(C) No.4338/22

APPENDIX OF WP(C) 4338/2022

PETITIONER'S/S' EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING NO KL-33 D 2233 EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING NO. KL-05 AP 7627 EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF FITNESS OF VEHICLE BEARING NO. KL-33 D 2233 EXHIBIT P4 TRUE COPY THE CERTIFICATE OF FITNESS OF VEHICLE BEARING NO. KL -05 AP 7627 EXHIBIT P5 TRUE COPY OF THE ONLINE E-CHELLAN RECEIPT SHOWING STATUS OF MOTOR TRANSPORT WORKERS WELFARE FUND PAYMENT DATED 31-01-2022 WITH RESPECT TO VEHICLE BEARING NO KL-33 D 2233 EXHIBIT P6 TRUE COPY OF THE ONLINE E-CHELLAN RECEIPT SHOWING STATUS OF MOTOR TRANSPORT WORKERS WELFARE FUND PAYMENT DATED 31-01-2022 WITH RESPECT TO VEHICLE BEARING NO KL-05 AP 7627 EXHIBIT P7 TRUE COPY OF THE LETTER/PROCEEDINGS NO.

TRANS B3/211/2022-TRANS DATED 28-01-2022 ISSUED BY 1ST RESPONDENT