High Court of KeralaWP(C)/251/2015disposed of

Saleem M v. State Of Kerala

2015-01-06Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 1936 WP(C).No. 251 of 2015 (F) -------------------------- PETITIONER:

------------------- SALEEM M, S/O.MARAKKAR, MULAYKKAL HOUSE, THEKKEVAVANNUR.P.O., KOOTTANAD, THRISSUR DT., PIN - 679 533.

BY ADVS.SRI.B.V.JOY SANKER SRI. PRAMJI PAUL VAZHAPPILLY RESPONDENT(S):

--------------------------

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TRANSPORT, STATE SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA, PIN - 6985 001.

3. THE JOINT REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, PATTAMBI, PALAKKAD, PIN - 679 303.

BY SENIOR GOVT. PLEADER SMT. SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 251 of 2015 (F) ------------------------------------ APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT P1 :

TRUE COPY OF REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO.KL-08 K 8469.

EXHIBIT P2 :

TRUE COPY OF MEMO ISSUED FROM THE SUB REGIONAL TRANSPORT OFFICE, PATTAMBI.

EXHIBIT P3 :

TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 :

TRUE COPY OF REPRESENTATION BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/

A.K.JAYASANKARAN NAMBIAR, J.

................................................. W.P.(C) No. 251 of 2015 (F) ............................................... Dated this the 6th day of January, 2015

JUDGMENT

The petitioner is aggrieved by Ext.P2 demand notice seeking to recovery arrears of Motor Vehicle Tax, for the period from 01.01.2009 to 31.12.2014, in an amount of `29,040/- from him.

2.Although, various contentions are raised in the writ petition, the petitioner limits his prayers to a permission to pay the amount specified in Ext.P2, together with accrued interest, in installments. 3.I have heard the learned Government Pleader, who would vehemently oppose the prayer of the petitioner. 4.On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I dispose the writ petition with the following directions:

W.P.(C) No. 251 of 2015 (F) (i) If the petitioner remits the entire amount shown in Ext.P2, together with the additional tax as also the interest accrued up to date, in eight monthly installments commencing from 02.02.2015, further proceedings pursuant to Ext.P2 shall be kept in abeyance.

(ii) It is made clear that, if the petitioner defaults in any one installment, then he will lose the benefit of this judgment and the recovery steps pursuant to Ext.P2 shall be continued from the stage where it stands now. (iii) The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the third respondent for further steps.

The writ petition is disposed as above.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AMV/06/01/