Canon Granites (P) Ltd2021 vs State Of Kerala
2022 Latest Caselaw 5466 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
           Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
                IA.NO.1/2022 IN WP(C) NO. 14754 OF 2021 (T)
PETITIONER/PETITIONER:

     M/S CANON GRANITES (P) LTD. HAVING REGISTERED OFFICE AT XXV/23,
     MUNICIPAL BUILDING, ROUND SOUTH, THRISSUR DISTRICT-680 001.
     REPRESENTED BY IT'S MANAGING DIRECTOR JOSE K.FRANCIS, AGED 62,S/O
     FRANCIS, KUTTIKKADAN HOUSE, ARISTO ROAD, EAST FORT.P.O, THRISSUR-680
     001.

RESPONDENTS/RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
     TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695
     001.
  2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF
     TAXATION,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.
  3. THE REGIONAL TRANSPORT OFFICER, OFFICE AT CIVIL STATION, AYYANTHOLE,
     THRISSUR-680 003.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to permit the
petitioner to remit the defaulted amounts of arrears of vehicle tax from
20/12/2021 by extending the time granted in the judgment dated 10/08/2021
of this Honourable court.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 10/08/2021 and upon hearing the arguments of M/S.K.R.ARUN KRISHNAN,
DEEPA K.RADHAKRISHNAN & BIJU KUMAR, Advocates for the petitioner in
I.A/WP(C) and of GOVERNMENT PLEADER for Respondents (By Order) in
I.A/WP(C), the court passed the following:
               Devan Ramachandran, J.
         -------------------------------
                   I.A.No.1 of 2022
                           in
                W.P(C).No.14754 of 2021
         ------------------------------------
          Dated this the 20th day of May, 2022

                       O R D E R

This application seeking extension of time to

pay the amounts as per the earlier directions of this

Court is opposed by Smt.Resmitha Ramachandran, learned

Government Pleader. She pointed out that, as per the

judgment, the petitioner has to pay the amount in 12

equal monthly instalments, commencing from 20.09.2021;

but that they have only paid four out of the same. She

argued that the judgment is a self working one and

that, therefore, the respondents are now entitled to

take further action as per law.

2. In reply, Shri.K.R.Arun Krishnan, learned

counsel for the petitioner, submitted that the reason

for default of 6 instalments has been detailed in the

affidavit filed in support of this I.A. He prayed for

lenitude, adding that his client will pay the entire

balance amount, without waiting for the instalments to

complete, on or before 15.06.2022.

3. On hearing Shri.K.R.Arun Krishnan as afore, I

asked the learned Government Pleader whether a

limited latitude can be shown to the petitioner and

she left to this Court to take an apposite decision.

Resultantly, this I.A. is allowed to the

limited extent of directing the petitioner to pay off

the entire outstanding amount, with all applicable

charges and interest, on or before 15.06.2022;

failing which all consequential action as permitted

in the judgment can be taken forward by the

respondents.

Sd/-

DEVAN RAMACHANDRAN JUDGE

MC

20-05-2022 /True Copy/ Assistant Registrar