Sidharthan vs The Regional Transport Officer ...
2024 Latest Caselaw 11786 Ker

Kerala High Court

Sidharthan vs The Regional Transport Officer ... on 30 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
      THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
                     WP(C) NO. 16273 OF 2024
PETITIONER:

            SIDHARTHAN,
            AGED 53 YEARS, S/O. LEELA,
            CHEMBAMALA PUTHENPURAYIL HOUSE,
            P.O. KATTILAPOOVAM, MADAKKATHARA,
            THRISSUR DISTRICT, PIN - 680 028.
            (REGISTERED OWNER OF STAGE
            CARRIAGE - KL-02-U-4839)

            BY ADVS.
                 SAJU J.VALLYARA
                 MARIA ANGEL

RESPONDENT:

            THE REGIONAL TRANSPORT OFFICER (TAXATION
            OFFICER),THRISSUR, CIVIL STATION,
            AYYANTHOLE, THRISSUR DISTRICT,
            PIN - 680 003.

            BY
                 SMT.DEEPA NARAYANAN, SR. GOVERNMENT PLEADER


     THIS     WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON    30.04.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.16273 of 2024
                               :2:



                           JUDGMENT

The present Writ Petition has been filed

seeking the following reliefs:-

"(i) issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to accept the arrears of motor vehicles tax in respect of Stage Carriage KL-

02-U-4839 for the periods from 01.04.2023 to 30.06.2024 with 10 monthly installments by considering Ext.P2 request.

(ii) grant such other reliefs as this Honourable Court may deem fit and proper in the circumstances of this case.

(iii) grant permission to dispense with the production of translation of the vernacular documents".

2. The learned counsel for the petitioner

submitted that the petitioner will discharge the tax

liability provided if he is given a facility of instalments.

3. Smt. Deepa Narayanan, the learned Senior

Government Pleader has submitted that the tax liability

outstanding against the petitioner is Rs.1,39,379/-.

However, she does not object much to the prayer for

instalments to discharge the tax liability.

4. In view of the aforesaid submission, this Writ

Petition is disposed of with a direction to the petitioner

to discharge the tax liabillity on the goods carriage

vehicle bearing Reg.No.KL-02U-4839 in six equal

monthly instalments, first instalment is to be paid on or

before 1st of June 2024 and the other five instalments

are to be paid on 1st day of each succeeding month. In

case the petitioner fails to remit the first instalment or

subsequent to any other instalments, the authorities

are free to proceed against the petitioner under the

Revenue Recovery Act.

With the aforesaid liberty and direction, this

Writ Petition is disposed of.

Sd/-

DR.KAUSER EDAPPAGATH JUDGE S.M.K

APPENDIX

PETITIONER'S EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF PETITIONER'S STAGE CARRIAGE KL-02-U-4839.

Exhibit P2 TRUE PHOTOCOPY OF THE REQUEST DATED 12.04.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

Exhibit P3 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) No.14489/2024 DATED 08.04.2024 OF THE HON'BLE HIGH COURT OF KERALA.