O. Pradeepan vs The Sub Regional Transport ...
2022 Latest Caselaw 1926 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                         WP(C) NO. 5627 OF 2022
PETITIONERS :

    1     O. PRADEEPAN,
          AGED 60 YEARS,
          S/O. KRISHNAN, GEETHA NIVAS,
          VENGAD P.O, ANJARAKKANDY,
          KANNUR, PIN 670 612

    2     RIJO C.J.,
          S/O. JOY, CHITTADI HOUSE, VELUPADAM,
          VARANDARAPPILLY, THRISSUR, PIN 680 303

          BY ADV PRASAD CHANDRAN



RESPONDENTS :

    1     THE SUB REGIONAL TRANSPORT AUTHORITY,
          (TAXATION OFFICER), THALASSERY,
          NEAR TOWN HALL, THALASSERY,
          KANNUR, PIN 670 104

    2     THE SUB REGIONAL TRANSPORT AUTHORITY
          (TAXATION OFFICER), IRINJALAKUDA,
          MINI CIVIL STATION, IRINJALAKUDA,
          THRISSUR, PIN 680 121



          BY DR.THUSHARA JAMES, SENIOR GOVT.PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5627 OF 2022
                                    2


                   BECHU KURIAN THOMAS, J.
               -----------------------------------------
                     W.P.(C) No.5627 of 2022
               ----------------------------------------
              Dated this the 18th day of February, 2022

                            JUDGMENT

The limited prayer of the petitioners in this writ petition

is for a direction to respondents 1 and 2 for grant of monthly

instalments for payment of tax arrears demanded for the period

from 01.07.2021 to 31.12.2021 for the vehicles bearing registration

Nos.KL-56/E-8574, KL-45/S-9396 and KL-11/AX-1476 in 10

monthly instalments.

2. I have heard Sri.Prasad Chandran, learned counsel for

the petitioners as well as Dr.Thushara James, learned Senior

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. 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 WP(C) NO. 5627 OF 2022

08.07.2022. Taking into reckoning the said 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 respondents

1 and 2 to accept the motor vehicles tax arrears up to 31.12.2021

relating to vehicles bearing registration Nos.KL-56/E-8574,

KL-45/S-9396 and KL-11/AX-1476 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 RKM WP(C) NO. 5627 OF 2022

APPENDIX OF WP(C) 5627/2022

PETITIONERS' EXHIBITS :

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF 1ST PETITIONER'S VEHICLE BEARING NO KL-56/E 8574

Exhibit P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF 2ND PETITIONER'S VEHICLE BEARING NO KL-45/S-9396

Exhibit P3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF 2ND PETITIONER'S VEHICLE BEARING NO KL-11/AX 1476