Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE20H DAY OF FEBRUARY20141ST PHALGUNA, 1935 WP(C).No. 4998 of 2014 (Y) --------------------------- PETITIONER(S): -------------------------- SANU. P.S., S/O.SALI, PIDIKAPARAMBIL HOUSE, KALLADIKODE, PALAKKAD. BY ADV. SRI.I.DINESH MENON. RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARYTO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE REGIONAL TRANSPORT OFFICER/TAXATION OFFICER, PALAKKAD - 678 001. BY GOVT. PLEADER MR.V.K. RAFIQ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2002-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 4998 of 2014 (Y) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE LEASE DEED DATED1302/2014. EXT.P2: TRUE COPY OF THE REQUEST BEFORE FIRST RESPONDENT DATED0401/2014. EXT.P3: TRUE COPY OF THE JUDGMENT
IN WP(C).NO. 1802/2012 DATED2402/2012. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs. P.R. RAMACHANDRA MENON, J.
- - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.4998 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2014
JUDGMENT
The petitioner is the owner of a stage carriage bearing No.KL-9 X959in respect of which tax was remitted up to 31.12.2012. It is stated that the vehicle was not used or put to use thereafter, but no 'G' Form was submitted till 30.09.2013. From 01.10.2013 onwards, the petitioner has submitted 'G' Form. The grievance of the petitioner is with regard to the coercive steps being taken by the respondents in respect of the alleged tax arrears and the hindrance placed with regard to the intention of the petitioner to take further steps to operate the vehicle after clearing the legally due amount.
2. Heard the learned Government Pleader as well, who submits that whether 'G' Form has been submitted in W.P.(C)No.4998 of 2014 -2- respect of the period from 01.10.2013 which is a matter to be verified.
3. Learned counsel for the petitioner submits that the relief sought for in the writ petition is only to grant three instalments to satisfy the arrears of tax from 01.01.2013 to 30.09.2013 and that, if any amount is actually due for the period from 01.10.2013 the petitioner is ready to satisfy the same. In the above said circumstances, the writ petition is disposed of, with liberty to the petitioner to satisfy the arrears for the period from 01.01.2013 to 30.09.2013 by way of 'four' equal monthly instalments, the first of which shall be effected on or before the 28th day of February, 2014; to be followed by similar instalments to be effected on or before the last working day of the succeeding months. Subject to this, the coercive proceedings being pursued against the petitioner shall be kept in abeyance for the time being. It is made clear that, if any default is committed with regard to repayment of the amount as above, it will be open for the respondents to proceed with further steps for W.P.(C)No.4998 of 2014 -3- realisation of the entire amount in lump, from the stage where it stands now. Sd/- P.R. RAMACHANDRA MENON, JUDGE shg/