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Abdul Majeed vs State Of Kerala
2022 Latest Caselaw 5068 Ker

Citation : 2022 Latest Caselaw 5068 Ker
Judgement Date : 6 May, 2022

Kerala High Court
Abdul Majeed vs State Of Kerala on 6 May, 2022
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                        WP(C) NO. 15413 OF 2022
PETITIONER:

           ABDUL MAJEED
           AGED 41 YEARS, S/O HYDROSE
           MANAKKAPARAMBIL HOUSE
           THAIKKATTUKARA P.O., ALUVA
           ERNAKULAM, PIN - 683106

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


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY
           DEPARTMENT OF TRANSPORT
           GOVT. SECRETARIAT
           THIRUVANANTHAPURAM, PIN - 695001

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

    3      THE REGIONAL TRANSPORT OFFICER
           REGIONAL TRANSPORT OFFICE
           2ND FLOOR CIVIL STATION KAKKANAD,
           VAZHAKKALA, KOCHI,
           KERALA., PIN - 682030


OTHER PRESENT:

           SMT. JASMINE.M. M (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.15413/2022                    -2-


                                 JUDGMENT

The limited prayer of the petitioner in this writ petition is for a direction to

respondents for grant of installment facility for payment of tax arrears demanded

for the period from 01.10.2018 to 31.03.2022 for the vehicles bearing registration

No.KL-41-M-4979 and in the alternative to consider the representation submitted

by the petitioner.

2. I have heard Sri.Rahul Sasi, learned counsel for the petitioner as well as

Smt.Jasmin, learned Government Pleader for the respondents.

3. Though this Court had been granting installment 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 of the Government reveals that as many as 14 persons were

granted the benefit of payment of motor vehicle tax in six monthly installments

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 the respondents to accept the

motor vehicles tax arrears up to 31.03.2022 relating to vehicle bearing registration

No. KL-41-M-4979 in six monthly installments. The first installment shall be

payable on or before 16.05.2022; the second installment on or before 16-06.2022;

the third installment on or before 16.07.2022; the fourth installment on or before

16.08.2022, the fifth installment on or before 16.9.2022 and the sixth installment

payable on or before 16.10.2022 respectively.

5. The above facility shall not be available to the petitioner if he had

availed such an installment facility earlier.

6. Needless to say that in the event of default of any of the installments,

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 AMG

APPENDIX OF WP(C) 15413/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE

Exhibit P2 TRUE COPY OF THE PRINT OUT FROM VAHAN CITIZEN SERVICES WEBSITE PROVIDING TAX DETAILS OF THE VEHICLE

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

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

Exhibit P3(b) THE TRUE COPY OF THE GOVT. ORDER NO.B3/5505378/2021/TRANS DATED 11.10.2021

Exhibit P3(c) THE TRUE COPY OF THE GOVT. ORDER NO.B3/5505468/2021/TRANS DATED 11.10.2021

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 03.04.2022 SUBMITTED BY THE PETITIONER HEREIN TO THE 1ST RESPONDENT

Exhibit P5 THE TRUE COPY OF THE ORDER DATED 23.02.2022 IN W.P.

(C) NO. 6010 OF 2022

 
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