Prakash P V vs State Of Kerala
2022 Latest Caselaw 370 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                         WP(C) NO. 902 OF 2022
PETITIONER :

          PRAKASH P.V.,
          AGED 37 YEARS,
          SON OF PONNUSWAMI VEERASOORA PERUMAL,
          RESIDING AT 10-1128, DHARMASHALA ROAD,
          FORT KOCHI P.O., VELI, F.KOCHI, KOCHI,
          PIN - 682001

          BY ADVS.
          RAHUL SASI
          NEETHU PREM
          VIVEK.P.K


RESPONDENTS :

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF TRANSPORT,
          GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM
          ERNAKULAM, PIN - 682031

    2     THE TRANSPORT COMMISSIONER,
          TRANSPORT COMMISSIONERATE,
          2ND FLOOR, TRANS TOWERS,
          VAZHUTHACAUD, THYCAUD P.O.,
          THIRUVANANTHAPURAM, PIN - 695014

    3     THE SUB REGIONAL TRANSPORT OFFICER,
          ANGAMALY,
          2ND FLOOR, MINI CIVIL STATION COMPLEX,
          ANGAMALY MANJAPRA RD,
          ANGAMALY, ERNAKULAM, PIN - 683572

          BY SMT.M.M.JASMIN, GOVT.PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 902 OF 2022
                                          2

                         BECHU KURIAN THOMAS, J.
                     -----------------------------------------
                            W.P.(C) No.902 of 2022
                     ----------------------------------------
                   Dated this the 13th day of January, 2022


                                    JUDGMENT

The limited prayer of the petitioner in this writ petition

is for a direction to consider Ext.P4 representation for grant

of monthly instalments for payment of tax arrears demanded

for the vehicle bearing registration Nos.KL-42-G-9166 & KL-63-3302

for the period from 01.01.2020 to 31.12.2021 & 01.01.2021

to 30.09.2021 respectively, in a time bound manner.

2. I have heard Sri.Rahul Sasi, 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 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 WP(C) NO. 902 OF 2022

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 and 3rd

respondents to accept the motor vehicles tax arrears for petitioner's

vehicle bearing registration Nos.KL-42-G-9166 & KL-63-3302 for the

period from 01.01.2020 to 31.12.2021 & 01.01.2021 to 30.09.2021

respectively, in 'four' equated monthly instalments, the first of which

shall commence from 31.01.2022.

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 RKM WP(C) NO. 902 OF 2022

APPENDIX OF WP(C) 902/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REGISTRATION NO. KL-42- G-9166.

Exhibit P1(a) TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REGISTRATION NO. KL-63- 3302.

Exhibit P2 TRUE COPY OF THE PRINT OUT FROM VAHAN CITIZEN SERVICES WEBSITE PROVIDING TAX DETAILS OF VEHICLE BEARING REGISTRATION NO. KL-42-G-9166.

Exhibit P2(a) TRUE COPY OF THE PRINT OUT FROM VAHAN CITIZEN SERVICES WEBSITE PROVIDING TAX DETAILS OF VEHICLE BEARING REGISTRATION NO. KL-63-3302.

Exhibit P3 TRUE COPY OF GOVT. ORDER NO.B3/5505468/2021/TRANS DATED 08.10.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P3(a) TRUE COPY OF GOVT. ORDER NO.B3/5505390/2021/TRANS DATED 11.10.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P3(b) TRUE COPY OF GOVT. ORDER NO.

B3/5505378/2021/TRANS DATED 11.10.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P3(c) TRUE COPY OF GOVT. ORDER NO.

B3/5505468/2021/TRANS DATED 11.10.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE REPRESENTATIONS DATED 07.12.2021 SUBMITTED BY THE PETITIONER HEREIN TO THE 1ST RESPONDENT.

Exhibit P5 THE CERTIFIED COPY OF THE ORDER DATED 04.12.2021 IN W.P.(C) NO.27678 OF 2021