Citation : 2022 Latest Caselaw 6485 Ker
Judgement Date : 8 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 17804 OF 2022
PETITIONER:
MOHAMMED SHAFIR A.M,
AGED 33 YEARS,
S/O.MUSTHAFA, ANIMANGALATH HOUSE,
PERINTHALLUR, TRIPRANGODE, VETTOM,
PALLIPURAM, MALAPPURAM DISTRICT, PIN - 676 102.
BY ADV K.RAKESH
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF MOTOR VEHICLES,
GOVERNMENT SECRETARIAT, PALAYAM,
TRIVANDRUM, PIN - 695 001.
2 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION, MALAPPURAM,
MALAPPURAM DISTRICT, PIN - 676 505.
3 THE SUB REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE, TIRUR,
MALAPPURAM DISTRICT, PIN - 676 101.
SMT.THUSHARA JAMES -SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17804 OF 2022
2
JUDGMENT
Petitioner confines his relief in the writ petition to a direction to
the respondents to accept payment of motor vehicle tax arrears
demanded for the vehicle bearing registration No.KL-55N-4937 in
instalments and to direct the respondents to issue fitness certificate /
permit to the said vehicle after permitting him to pay motor vehicles
tax in instalments. It is submitted by the learned counsel for the
petitioner that the arrears of motor vehicle tax is Rs.98,390/- for the
period from 01.04.2020 to the current quarter.
2. I have heard Adv.K.Rakesh, the learned counsel for the
petitioner as well as Smt.Thushara James, 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, since this Court had, in other writ
petitions granted the relief of equated monthly instalments for
clearing the arrears of motor vehicles tax, petitioner be also granted
similar reliefs as in other writ petitions.
4. Accordingly, there will be a direction to the respondents
to accept the motor vehicles tax of Rs.98,390/- (Rupees ninety eight WP(C) NO. 17804 OF 2022
thousand three hundred and ninety only) (arrears from 01.04.2020
to the current quarter) relating to vehicle bearing registration No.KL-
55N-4937 in 'five' equated monthly instalments, the first of which
shall be payable on or before 30.06.2022 and the subsequent
instalments shall be paid on the last working day of every
succeeding month. Needless to say, 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 as above.
Sd/-
GOPINATH P.
JUDGE
DK WP(C) NO. 17804 OF 2022
APPENDIX OF WP(C) 17804/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE BEARING REGISTRATION NO.KL-55N-4937
Exhibit P2 TRUE COPY OF THE TAX TOKEN SHOWING TAX PAYMENT TILL 31-3-2020
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