High Court of KeralaWP(C)/4098/2015disposed of

Babu A.R v. The Regional Transport Officer

2015-02-13Honourable 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 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 WP(C).No. 4098 of 2015 (J) --------------------------------------- PETITIONER(S) :

------------------------ BABU A.R, AGED 52 YEARS, ARAKKAL HOUSE, VADAKKEKARA P.O., PATTANAM, N.PARUR, ERNAKULAM.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S) :

---------------------------- THE REGIONAL TRANSPORT OFFICER CUM MOTOR VEHICLES TAXATION OFFICER, ERNAKULAM - 673 030.

BY GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 4098 of 2015 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE PERMIT WITH ITS NO. 7/3768/2014. EXHIBIT P2:

TRUE COPY OF THE R.C. PARTICULARS VEHICLE NO. KL 6/D 55. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.K.JAYASANKARAN NAMBIAR, J.

................................................. W.P.(C) No. 4098 of 2015 (J) ............................................... Dated this the 13th day of February, 2015

JUDGMENT

The petitioner has approached this Court seeking grant of installment facility for remitting motor vehicle tax dues in respect of a stage carriage vehicle bearing registration No.KL6D-55. The tax dues are in arrears for the period from 30.09.2014 to 31.12.2014 and 01.01.2015 to 31.03.2015. The amount due in respect of the quarter ending 31.12.2014 is Rs.44,160/- together with additional tax as applicable, and the amount due in respect of the quarter ending 31.03.2015 is also Rs.44,160/- together with additional tax.

2. The learned Government Pleader would point out that, over in addition to these amounts they would also be additional tax amounts, that are due from the petitioner.

3. I have heard Sri.G.Prabhakaran, learned counsel for the petitioner and Smt.Sobha Annamma Eappen, learned Government Pleader for the respondent.

4. 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

W.P.(C) No. 4098 of 2015 (J) the writ petition with the following directions: (i) If the petitioner pays the motor vehicle tax for the quarter ending 31.03.2015 together with the additional tax and other charges on or before 28.02.2015 and pays the tax dues for the quarter ended 31.12.2014 in three equal and successive monthly installments commencing from 01.04.2015;

then, the recovery proceedings for recovery of the said tax dues 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 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.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AMV/13/02/