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Mehroof Ali Thahir vs Joint Regional Transport Officer
2022 Latest Caselaw 2364 Ker

Citation : 2022 Latest Caselaw 2364 Ker
Judgement Date : 2 March, 2022

Kerala High Court
Mehroof Ali Thahir vs Joint Regional Transport Officer on 2 March, 2022
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
                        WP(C) NO. 6802 OF 2022
PETITIONER:

          MEHAROOF ALI THAHIR
          AGED 35 YEARS
          S/O. MUHAMMED, KOKKANCHERI PARAMBIL HOUSE,
          CHEROOPPA P.O., KOZHIKODE - 673661.

          BY ADVS.
          G.HARIHARAN
          PRAVEEN.H.
          K.S.SMITHA
          ANJALY T.A
          V.R.SANJEEV KUMAR


RESPONDENTS:

    1     JOINT REGIONAL TRANSPORT OFFICER,
          REGIONAL TRANSPORT OFFICE,
          CIVIL STATION, MALAPARAMBA, KOZHIKODE - 673020.

    2     REGIONAL TRANSPORT OFFICER,
          REGIONAL TRANSPORT OFFICE
          CIVIL STATION, MALAPPURAM - 676505

    3     TRANSPORT COMMISSIONER,
          TRANS TOWERS, VAZHUTHACAUD,
          THIRUVANANTHAPURAM-695014

    4     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
          TRANSPORT DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM - 695001

          BY ADV. M.M.JASMINE.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6802 OF 2022

                                        2




                    BECHU KURIAN THOMAS, J.
                  ===========================
                      W.P.(C) No.6802 of 2022
                  ============================
                         Dated this the 2ndday of March, 2022


                                     JUDGMENT

The limited prayer of the petitioner in this writ petition

is for a direction to the respondents for grant of instalment

facility for payment of tax arrears demanded for the period from

01.07.2019 to 31.03.2022 for the vehicle bearing registration

No.KL-10-AF-3625 in six monthly instalments.

2. I have heard Sri.G.Hariharan, learned counsel for the

petitioner as well as Smt.M.M.Jasmine, 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

petitioner invited my attention to the order dated 28.01.2022

bearing No.Trans-B3/211/2022-Trans. A perusal of the said order WP(C) NO. 6802 OF 2022

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. Taking into reckoning the said order of the

Government, there is no reason why petitioner should not be

granted such a benefit.

4. Accordingly, there will be a direction to respondents

to accept the motor vehicles tax arrears up to 31.12.2021 relating

to vehicle bearing registration No. KL-10-AF-3625 in six monthly

instalments. The first instalment shall be payable on or before

15.03.2022; 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

petitioner, if he had availed such an instalment facility earlier.

6. Needless to say that in the event of default of any of WP(C) NO. 6802 OF 2022

the instalments, the benefit granted under this judgment shall not

be available to the petitioner.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE ssa WP(C) NO. 6802 OF 2022

APPENDIX OF WP(C) 6802/2022

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE REGULAR STAGE CARRIAGE PERMIT DATED 23.07.2013 ISSUED BY THE RTA, KOZHIKODE FOR VEHICLE NO.KL-10AF-3625

Exhibit P2 TRUE COPY OF THE RECEIPT NO.1966174 DATED 22.02.2022 ISSUED BY THE SOUTH INDIAN BANK, KOZHIKODE BRANCH FOR RS.4980/-.

Exhibit P3 TRUE COPY OF THE REGISTRATION CERTIFICATE STATUS RELATING TO VEHICLE NO.KL-10-AF-3625.

Exhibit P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE COUNTER STATEMENT FILED IN CONNECTION WITH W.P.(C) NO.2881/2022 SHOWING THE DETAILS OF EXEMPTION/ EXTENSION GRANTED BY THE GOVERNMENT.

 
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