Kerala High Court
Ligesh Kumar K.K vs District Collector on 11 September, 2024
Author: P Gopinath
Bench: P Gopinath
2024:KER:69399
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WP(C) NO. 32218 OF 2024
PETITIONER:
LIGESH KUMAR K.K,
AGED 37 YEARS
S/O. KUTTAPPAN, KAYYANIKKAL HOUSE, MALAYATTOOR P.O,
PERUMBAVOOR, ALUVA TALUK, ERNAKULAM DISTRICT,
PIN - 683 587.
BY ADVS.
RADHAKRISHNA PILLAI.G.
T.A.SHAIN
RESPONDENTS:
1 DISTRICT COLLECTOR,
ERNAKULAM AT KAKKANAD, PIN - 682 030.
2 DEPUTY TAHSILDAR 1,
ALUVA TALUK, ALUVA, ERNAKULAM DISTRICT, PIN - 683 101.
3 VILLAGE OFFICER,
MALAYATOOR VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT,
PIN - 683 587.
4 SUB REGIONAL TRANSPORT OFFICER,
MOTOR VEHICLE DEPONENT, ANGAMALY, MINI CIVIL STATION
COMPLEX, ANGAMALY, ERNAKULAM, PIN - 683 572.
SMT.THUSHARA JAMES, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32218 OF 2024
2
2024:KER:69399
JUDGMENT
The petitioner is a registered owner of a Goods Carriage
Vehicle bearing Registration No.KL-45-A-2315. The petitioner is in
default of payment of Motor Vehicle Tax for the period from
01.10.2021 to 30.06.2024 in respect of the above vehicle. Revenue
Recovery proceedings have therefore been initiated against the
petitioner to recover the amount of tax payable by him. The
petitioner is before this Court seeking the relief of paying the arrears
of Motor Vehicle Tax in instalments.
2. The learned Senior Government Pleader submits
on instructions that presently, after giving credit to the amount of
Rs.12,150/- already paid by the petitioner, the amount of Motor
Vehicle Tax due from the petitioner is Rs.1,03,194/- also having
regard to the amount for which the Revenue Recovery proceedings
have been initiated.
3. The learned counsel for the petitioner would
submit in reply that since the Motor Vehicle Tax is in arrears, the
petitioner has not been able to obtain fitness certificate in respect of
the vehicle and since only source of income of the petitioner is the
income derived by operating the vehicle, the petitioner may be given
WP(C) NO. 32218 OF 2024
2024:KER:69399
two months time to pay the 1st instalment.
Having heard the learned counsel for the petitioner and the
learned Senior Government Pleader and in the peculiar facts and
circumstances of this case, this writ petition will stand disposed of
permitting the petitioner to pay the sum of Rs.1,03,194/- in 10 equal
monthly instalments. The 1st instalment shall be paid on or before
15.11.2024 and the subsequent instalments shall be paid on or before
the 15th day of succeeding months together with any accrued interest.
It is made clear that the last and final instalment shall be paid along
with any accrued interest that may be demanded. The petitioner
shall also pay the current tax due on the vehicle without fail on the
due dates. It is also directed that if the petitioner pays the current
tax of the vehicle and considering the fact that the petitioner has
been permitted to clear the arrears in instalments as directed above,
the fitness of the petitioner's vehicle shall be renewed without
considering the Motor Vehicle Tax arrears for which the petitioner
has been permitted to clear in instalments as directed above.
The writ petition will stand disposed of as above.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NO. 32218 OF 2024
2024:KER:69399
APPENDIX OF WP(C) 32218/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF FITNESS
ISSUED BY THE S.R.T.O. ANGAMALY DATED
18/05/2023
Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE DATED
15/06/2024 ISSUED BY RESPONDENT NO:2
