Prasad.N.V vs Thethe Regional Transport ...
2023 Latest Caselaw 7832 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                        WP(C) NO. 23928 OF 2023
PETITIONER/S:

          PRASAD.N.V,
          AGED 42 YEARS
          S/O. N.A. VELAYUDHAN, NALUPURAKKAL HOUSE, PARAPPUR,
          CHALAKKAL ROAD, THOLUR, THRISSUR,, PIN - 680552

          BY ADV O.D.SIVADAS



RESPONDENT/S:

          THE REGIONAL TRANSPORT OFFICER,
          REGIONAL TRANSPORT OFFICE, CIVIL STATION, THRISSUR, PIN
          - 680003


OTHER PRESENT:

          SR GP SMT THUSHARA JAMES




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23928 OF 2023
                             2


                          JUDGMENT

The writ petition is filed to direct the respondent to

permit the petitioner to pay the arrears of motor

vehicles tax arrears in respect of the stage carriage

vehicle bearing registration No.KL-45/K 9785 in ten

equated monthly installments.

2. The petitioner's case is that he is the registered

owner of the above vehicle. The vehicle met with an

accident and sustained serious damages. Hence the

petitioner could not operate the vehicle. Consequently,

the motor vehicles tax fell in arrears. The petitioner has

submitted Ext.P1 request before the respondent to pay

the arrears in installments. But the petitioner is

apprehensive that the respondent may initiate recovery

proceedings to realise the amount. Hence, the Writ

Petition.

3. Heard; Sri.O.D.Sivadas, the learned Counsel

appearing for the petitioner and Smt.Thushara James,

the learned Senior Government Pleader appearing for WP(C) NO. 23928 OF 2023

the respondent.

4. Having considered the pleadings and materials

on record and taking note of the limited relief that has

been prayed for by the petitioner, I deem it appropriate

to dispose of the writ petition.

Resultantly, I order the writ petition as follows:

(i) The petitioner is permitted to pay the motor

vehicles tax in respect of the above vehicle in six

equated monthly installments commencing from

26.08.2023.

(iii) It is made clear that, if the petitioner defaults in

payment of any one of the installments as

directed above, the petitioner would lose the

benefit of this judgment and the respondent

would be at liberty to revive the recovery

proceedings from the stage it presently stands,

and bring it to its logical conclusion in

accordance with law.

WP(C) NO. 23928 OF 2023

(iv) It is made clear that, no further application for

modification/extension of time shall be

entertained.

Sd/-

C.S.DIAS JUDGE

rkc/25.07.23 WP(C) NO. 23928 OF 2023

APPENDIX OF WP(C) 23928/2023

PETITIONER EXHIBITS

Exhibit P1 - TRUE COPY OF THE REQUEST DATED 19.07.2023 SUBMITTED BY THE PETITIONER TO THE RESPONDENT