Citation : 2022 Latest Caselaw 2364 Ker
Judgement Date : 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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