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Kerala High Court

Lineesh M vs The State Of Kerala on 23 December, 2022

Author: P Gopinath

Bench: P Gopinath

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
         FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                             WP(C) NO. 42345 OF 2022
PETITIONER:

     1        LINEESH M.
              AGED 35 YEARS
              SON OF CHANDRAN, KAPPALLI HOUSE,
              ARUR, PURAMERI, KOZHIKODE., PIN - 673507
              BY ADV I.DINESH MENON

RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXATION DEPARTMENT,
              SECRETARIAT P.O., TRIVANDRUM., PIN - 695001
     2        THE REGIONAL TRANSPORT OFFICER
              TAXATION OFFICER, REGIONAL TRANSPORT OFFICE, VADAKARA, CIVIL
              STATION P.O., VADAKARA., PIN - 673101
              BY ADV. SMT. THUSHARA JAMES, SR. GOVERNMENT PLEADER

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.42345 of 2022
                                    2




                            JUDGMENT

Dated this the 23rd day of December, 2022 Petitioner confines his relief in the writ petition to a direction to the respondent to accept repayment of motor vehicle tax arrears demanded for the vehicle bearing registration No.KL-45B-2050 in instalments.

2. Learned Senior Government Pleader also submitted that the request of the petitioner shall be considered if the request is otherwise in order.

3. I have heard Adv. I.Dinesh Menon, learned counsel for the petitioner as well as Adv.Thushara James, Senior Government Pleader for the respondents.

4. Having regard to the circumstances now prevailing, as well as the contentions raised by the learned counsel for the petitioner, I am of the view that, since this Court had, in other writ petitions, granted the relief of equated monthly instalments for WPC No.42345 of 2022 3 clearing the arrears of motor vehicles tax, petitioner be also granted similar reliefs as in other writ petitions.

5. Accordingly, there will be a direction to the respondent to accept the motor vehicles tax arrears relating to vehicle bearing registration No. KL-45B- 2050 in six equated monthly instalments, the first of which shall commence from 16.01.2023. Needless to say, in the event of default of any of the instalments, the benefit granted under this judgment shall not be available to the petitioner.

The writ petition is disposed of as above.

Sd/-

GOPINATH P. JUDGE SKP/23-12 WPC No.42345 of 2022 4 APPENDIX OF WP(C) 42345/2022 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE KL 45 B 2050 DATED 31.3.2008. EXHIBIT P2 TRUE COPY OF THE TAX DETAILS OF THE VEHICLE KL 45 B 2050 OBTAINED FROM WEBSITE.

EXHIBIT P3 TRUE COPY OF THE REQUEST SUBMITTED BY PETITIONER DATED 13.12.2022.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP[C] NO.21740/2022 DATED 5.7.2022. RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE