High Court of KeralaWP(C)/33274/2015disposed of

Bharathy P. v. State Of Kerala

2015-11-02Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 WP(C).No. 33274 of 2015 (H) ---------------------------- PETITIONER:

------------------- BHARATHY P., AGED 65, W/O LATE KRISHNANKUTTY, PRADEEP BHAVANAM, VELUTHURUTHU, NEENDAKARA P.O., KOLLAM DISTRICT-691582.

BY ADVS.SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE SUB REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, KARUNAGAPPALLY, KOLLAM DISTRICT-691518.

BY GOVERNMENT PLEADER SMT.LILLY.K.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 33274 of 2015 (H) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

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

COPY OF CERTIFICATE OF REGISTRATION.

EXHIBIT P2:

COPY OF CONTRACT CARRIAGE PERMIT DATED 22.11.2013. EXHIBIT P3:

COPY OF MEMO DATED 4.2.2015 ISSUED BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS:

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

A.K.JAYASANKARAN NAMBIAR, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 33274 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of November 2015

JUDGMENT

The limited prayer of the petitioner, who is faced with a demand notice for arrears of motor vehicle tax and additional tax, is to grant an instalment facility to discharge the liability.

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

3. On a consideration of the facts and circumstances of the case and taking into account the plea of financial hardship raised by the petitioner, I direct that if the petitioner pays an amount of Rs.1,44,990/-, together with applicable additional tax and interest, as stated in Ext.P3 notice, in six equal and successive monthly instalments, commencing from 30.11.2015, further recovery steps as against the petitioner shall be kept in abeyance.

4. It is made clear that if the petitioner commits a default in respect of any of the installments, she will lose the benefit of this

W.P.(c).No.33274 of 2015 : 2 :

judgment and the respondents will be free to continue the recovery proceedings against her from the stage at which they presently stand. This writ petition is accordingly disposed.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/