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High Court of KeralaWP(C)/28188/2015disposed of

K.P.Noshad v. The Regional Transport Officer

2015-09-23Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 WP(C).NO. 28188 OF 2015 (W) ---------------------------- PETITIONER(S):

---------------- K.P.NOUSHAD S/O.T.ERAMULLAN, RESIDING AT KP HOUSE KARUMENI PEEDIKAYIL, POTTAMKADAVU PO, AZHIKOD KANNUR DIST.

BY ADV. SRI.C.K.SREEJITH RESPONDENT(S):

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

1. THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT AUTHORITY, KANNUR DIST. 670001

2. THE SUB REGIONAL TRANSPORT OFFICER CIVIL STATION, THALASSERY 670101

3. THE SPECIAL DEPUTY TAHSILDAR REVENUE RECOVERY, KANNUR 670001

4. THE VILLAGE OFFICER AZHIKODE SOUTH VILLAGE, KANNUR 670009

5. BASHEER N S/O.MUHAMMED, RESIDING AT NONDATH HOUSE PARANGI MUCHIKKAL, KOTTAKKAL, TIRUR TALUK PONMALA AMSOM DESOM 676528 BY GOVERNMENT PLEADER SRI.LIJU V.STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 28188 OF 2015 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1:TRUE COPY OF THE CLEARANCE CERTIFICATE ISSUED BY THE 2ND RESPONDENT P2:TRUE COPY OF THE AGREEMENT DT. 21.08.2010 EXECUTED IN BETWEEN THE PETITIONER AND 5TH RESPONDENT P3:TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT DEMAND IN AN AMOUNT OF RS.35,590/- TOGETHER WITH INTEREST RESPONDENT(S)' EXHIBITS:NIL ------------------------ //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.28188 OF 2015 ----------------------------------- Dated this the 23rd day of September, 2015

J U D G M E N T

The petitioner, who is aggrieved by the revenue recovery steps initiated against him for recovery of defaulted tax arrears under the Kerala Motor Vehicle Taxation Act, seeks an instalment facility to discharge the liability due to the respondents.

2. I have heard the learned counsel appearing on behalf of the petitioner as also the learned Government Pleader for the official respondents.

3. 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:- (i) The total amount due from the petitioner towards tax arrears as evident from Ext.P3 notice is Rs.33,590/- together with interest at the rate of 12% with effect from 03.12.2014 together with 5% collection charges and DNF of Rs.100/-. Accordingly, if the petitioner pays the aforesaid amount of Rs.33,590/- together with interest at

W.P.(C).NO.28188 OF 2015 the rate of 12% with effect from 03.12.2014 together with 5% collection charges and DNF of Rs.100/- in six equal and successive monthly instalments commencing from 15.10.2015, the recovery steps initiated against the petitioner by the respondents shall be kept in abeyance.

(ii) It is made clear that, if the petitioner commits a default in respect of any of the instalments, he will lose the benefit of this judgment and the respondents will be free to continue the recovery proceedings against them from the stage at which they presently stand. A.K.JAYASANKARAN NAMBIAR JUDGE mns