Kerala High Court
Y.Thomas vs The State Of Kerala on 27 March, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 6369 OF 2024
PETITIONER:
Y.THOMAS,
AGED 62 YEARS
SON OF JOHN, BETHEL HOUSE, PATTIKKAD P.O.,
THRISSUR, PIN - 680552
BY ADV LAVARAJ M.G.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, TAXATION DEPARTMENT,
SECRETARIAT P.O., TRIVANDRUM, PIN - 695001
2 THE REGIONAL TRANSPORT OFFICER,
TAXATION OFFICER, REGIONAL TRANSPORT OFFICE, THRISSAUR, CIVIL
STATION P.O., THRISSUR, PIN - 686003
3 THE DISTRICT EXECUTIVE OFFICER,
KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, CIVIL
STATION P.O., THRISSUR, PIN - 680003
OTHER PRESENT:
SMT. JASMIN M.M.-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6369 OF 2024
2
JUDGMENT
The present writ petition has been filed with the following
prayers:
I) Issue a writ of mandamus or such other writs,
order or direction, directing the respondents to
consider Ext.P4 request and permit the petitioner
to pay the tax dues of Rs.1,08,440/- for the period
up to 31.03.2024 in 10 equal monthly installments
as relating to stage carriage vehicle KL 09 W
7907;
II) Issue a writ of mandamus or such other writs,
order or direction, directing the respondents to
consider Ext.P4 request and permit the petitioner
to pay of the welfare dues of Rs.27,053/- for the
period from 01.06.2022 to 31.01.2024 in 5 equal
monthly installments as relating to stage carriage
vehicle KL 09 W 7907;
III) to grant such other reliefs as this Honourable
Court may deem fit and proper.
2. On the last date of posting i.e., on 21.02.2024, this Court
passed the following order:
"Sri.K.S Manu, learned Standing Counsel takes notice
for the 3rd
respondent.
2. The present writ petition has been filed for
allowing the petitioner to remit the arrears of motor
vehicle tax dues of Rs.1,08,440/- up to 31.03.2024, in
ten equal monthly instalments in respect of the stage
carriage bearing registration No.KL 09 W 7907.
3. Ms.Jasmin M.M, learned Government Pleader
submits that the petitioner is in arrears of Motor
Vehicles Welfare Fund to an extent of Rs.27,053/- and
unless the petitioner remits the amount of welfare fund,
the facility of instalments cannot be granted.
4. The petitioner is permitted to pay the welfare fund of
Rs.27,053/- within a period of ten days from today.
Post on 12.03.2024."
WP(C) NO. 6369 OF 2024
3. The petitioner has remitted the Cess of Motor Vehicles
Welfare Fund to an extent of Rs.27,053/- on 19.03.2024 in
compliance of the order dated 21.02.2024.
4. Considering the aforesaid fact, the petitioner is permitted
to make payment of the arrears of Motor Vehicles Tax due on the
petitioner's stage carriage vehicle bearing registration No. KL 09
W 7907 in six equal monthly installments and the first installment
is to be paid on or before 07.04.2024 and the remaining five
installments are to be paid on or before 7 th day of each succeeding
month. In case, the petitioner fails to make payment of the first
installment or any subsequent installments, the authority will be
free to take effective measures for realising the debts due on the
said motor vehicle from the petitioner in accordance with law.
With the aforesaid direction, this writ petition is disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
rp
WP(C) NO. 6369 OF 2024
APPENDIX OF WP(C) 6369/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RC BOOK OF THE VEHICLE KL 09 W 7907 DATED
7.1.2020
Exhibit P2 A TRUE COPY OF THE JUDGEMENT IN WP[C] NO.15620/2023 DATED
12.5.2023
Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP[C] NO.3042/2024 DATED
7.2.2024
Exhibit P4 A TRUE COPY OF THE INTIMATION REGARDING WELFARE FUND
ARREARS DATED NIL
Exhibit P5 A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER
DATED 12.2.2024
