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Prakash P v. Vs State of Kerala

Kerala HC13 Jan 2022WP(C)/902/2022

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Kerala directed the State and Transport authorities to accept unpaid motor vehicle taxes for two vehicles in four equated monthly instalments, following the relief granted in similar earlier petitions, effective from January 31, 2022.

What did the court decide?

Direction to the 2nd and 3rd respondents to accept tax arrears for the petitioner's vehicles in four equated monthly instalments, commencing from 31.01.2022.

Prakash P v Vs State of Kerala — Kerala HC (2022) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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THURSDAY, THE 13^TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943 WP(C) NO. 902 OF 2022

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PETITIONER :

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PRAKASH P.V., AGED 37 YEARS, SON OF PONNUSWAMI VEERASOORA PERUMAL, RESIDING AT 10-1128, DHARMASHALA ROAD, FORT KOCHI P.O., VELI, F.KOCHI, KOCHI, PIN - 682001 BY ADVS. RAHUL SASI NEETHU PREM VIVEK.P.K

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RESPONDENTS :

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TRANSPORT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM ERNAKULAM, PIN - 682031 2 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014 3 THE SUB REGIONAL TRANSPORT OFFICER, ANGAMALY, 2ND FLOOR, MINI CIVIL STATION COMPLEX, ANGAMALY MANJAPRA RD, ANGAMALY, ERNAKULAM, PIN - 683572 BY SMT.M.M.JASMIN, GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 902 OF 2022

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BECHU KURIAN THOMAS, J.

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W.P.(C) No.902 of 2022

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Dated this the 13^th day of January, 2022

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JUDGMENT

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The limited prayer of the petitioner in this writ petition is for a direction to consider Ext.P4 representation for grant of monthly instalments for payment of tax arrears demanded for the vehicle bearing registration Nos.KL-42-G-9166 & KL-63-3302 for the period from 01.01.2020 to 31.12.2021 & 01.01.2021 to 30.09.2021 respectively, in a time bound manner.

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I have heard Sri.Rahul Sasi, the learned counsel

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for the petitioner and Smt.Jasmin M.M., the learned Government Pleader for the respondents.

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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 though the prayer is for consideration of the request for grant of instalments, since this Court had in other writ petitions granted the relief of equated monthly instalments for clearing the arrears of motor vehicles tax, instead of granting a direction to consider the

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WP(C) NO. 902 OF 2022

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petitioner's request, I deem it fit that the petitioner is also granted similar reliefs as in other writ petitions.

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Accordingly, there will be a direction to the 2^nd and 3^rd respondents to accept the motor vehicles tax arrears for petitioner's vehicle bearing registration Nos.KL-42-G-9166 & KL-63-3302 for the period from 01.01.2020 to 31.12.2021 & 01.01.2021 to 30.09.2021 respectively, in 'four' equated monthly instalments, the first of which shall commence from 31.01.2022.

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Needless to say that in the event of default of any of the instalments, the benefit granted under this judgment shall not be available to the petitioner.

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The writ petition is disposed of.

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Sd/- BECHU KURIAN THOMAS, JUDGE

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RKM

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WP(C) NO. 902 OF 2022

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APPENDIX OF WP(C) 902/2022

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PETITIONER'S EXHIBITS :

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Exhibit P1	TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REGISTRATION NO. KL-42- G-9166.
Exhibit P1(a)	TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REGISTRATION NO. KL-63- 3302.
Exhibit P2	TRUE COPY OF THE PRINT OUT FROM VAHAN CITIZEN SERVICES WEBSITE PROVIDING TAX DETAILS OF VEHICLE BEARING REGISTRATION NO. KL-42-G-9166.
Exhibit P2(a)	TRUE COPY OF THE PRINT OUT FROM VAHAN CITIZEN SERVICES WEBSITE PROVIDING TAX DETAILS OF VEHICLE BEARING REGISTRATION NO. KL-63-3302.
Exhibit P3	TRUE COPY OF GOVT. ORDER NO.B3/5505468/2021/TRANS DATED 08.10.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P3(a)	TRUE COPY OF GOVT. ORDER NO.B3/5505390/2021/TRANS DATED 11.10.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P3(b)	TRUE COPY OF GOVT. ORDER NO. B3/5505378/2021/TRANS DATED 11.10.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P3(c)	TRUE COPY OF GOVT. ORDER NO. B3/5505468/2021/TRANS DATED 11.10.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P4	TRUE COPY OF THE REPRESENTATIONS DATED 07.12.2021 SUBMITTED BY THE PETITIONER HEREIN TO THE 1ST RESPONDENT.
Exhibit P5	THE CERTIFIED COPY OF THE ORDER DATED 04.12.2021 IN W.P.(C) NO.27678 OF 2021

Prakash P v. Vs State of Kerala

Case brief

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Prakash P v. Vs State of Kerala

Case brief

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