Citation : 2022 Latest Caselaw 5068 Ker
Judgement Date : 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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