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Salim O.K. vs State Of Kerala

High Court Of Kerala · Decided on 23 August 2023 · Citation: (2023) 08 KL CK 0221

HON’BLE JUDGES
C. S. Dias, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 28154 Of 2023
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Judgment

10 paragraphs · 331 words

C. S. Dias, J

1.

The writ petition is filed to direct the respondents to permit the petitioner to pay the motor vehicle tax in respect of stage carriage vehicle bearing registration No. KL 05 AM 3231 in equated monthly instalments.

2.

The petitioner’s case is that, he is the registered owner of the above vehicle. The petitioner was not in a position to operate the vehicle. The tax in respect of the above vehicle has fallen in arrears for the period from 1.7.2022 to 30.9.2023. The petitioner is apprehensive that the respondents may initiate revenue recovery proceedings against the petitioner. The petitioner is willing to pay the arrears of the motor vehicle tax in ten equated monthly instalments. Hence, the writ petition.

3.

Heard; Sri.I.Dinesh Menon, the learned counsel appearing for the petitioner and Smt. Thushara James, the learned Senior Government Pleader appearing for the respondents.

4.

Having considered the pleadings and materials on record, and taking note of the limited relief that has been prayed for by the petitioner, I deem it appropriate to take a lenient view in the matter and permit the petitioner to pay the arrears of motor vehicle tax in instalments.

Resultantly, I order the writ petition as follows:-

(i) The respondents are directed to defer further coercive proceedings as against the petitioner, to enable the petitioner to pay the motor vehicle tax in equated monthly instalments as stated below.

(ii) The petitioner is permitted to pay the motor vehicle tax in respect of the vehicle bearing registration No. KL 05 AM 3231 for the period from 1.7.2022 to 30.9.2023 in eight equated monthly instalments commencing from 23.9.2023.

(iii) Needless to mention, if the petitioner commits default of the condition ordered above, the petitioner would lose the benefit of this judgment and the respondents would be at liberty to proceed with recovery proceedings from the stage it presently stands.

(iv) It is made clear that, no further application for modification/extension of time shall be entertained.