High Court of KeralaWP(C)/2393/2015disposed of

Manju P.M. v. Joint Regional Transport Officer

2015-01-23Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 WP(C).No. 2393 of 2015 (Y) --------------------------- PETITIONER :

----------------------- MANJU P.M., 9/529(5/414) PANAKKAPARAMBIL HOUSE P.O., THRISSUR. PIN-680 001 BY ADV. SRI.STALIN PETER DAVIS RESPONDENT :

---------------------------- THE JOINT REGIONAL TRANSPORT OFFICER, GURUVAYUR, (TAXATION OFFICER) - 680 101.

BY SR GOVERNMENT PLEADER SMT. SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 2393 of 2015 (Y) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

A TRUE COPY REGISTRATION PARTICULARS OF THE PETITIONRES VEHICLE KL-46/ G 1271 RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

A.K.JAYASANKARAN NAMBIAR, J.

................................................. W.P.(C) No.2393 of 2015 (Y) ............................................... Dated this the 23rd day of January, 2015

JUDGMENT

The petitioner, who is the registered owner of a stage carriage bearing registration No.KL-46G-1271, and is faced with a demand of motor vehicle tax arrears for the period from 01.04.2013 to 31.03.2015, has approached this Court praying for the grant of installments so as to discharge the liability.

2. I have heard Sri.Stalin P.Davis Ambatt, learned counsel for the petitioner and Smt.Sobha Annamma Eappen, learned Government Pleader for the respondent.

3. On a consideration of the facts and circumstances of the case and also the submissions made across the Bar, and in particular the plea of financial hardship urged by the petitioner, I dispose the writ petition with the following directions: (i) The motor vehicle tax arrears for the period from 01.04.2013 to 31.03.2015 is stated to be an amount of Rs.1,15,680/- together with additional tax thereon. This is a matter that has to be verified by the respondent. I direct that, if the petitioner discharges the entire arrears towards Motor Vehicle Tax dues for the aforesaid period, in six equal and successive monthly installments commencing from 16.02.2015, then, the recovery proceedings for recovery of tax shall be kept in abeyance.

W.P.(C) No.2393 of 2015 (Y) (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 initiated against him 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 respondent for further steps.

The writ petition is disposed as above.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AMV/23/01/