Rafeek .B Vs Joint Regional Transport Officer — Kerala HC (2025) — LawSathi Research

Rafeek .B Vs Joint Regional Transport Officer — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the first respondent to accept the remaining Ext.P3 instalments, to consider the fitness certificate application after five instalments are completed without default and issue the certificate if the vehicles are otherwise eligible (conditional on payment of remaining instalments without default), reserving liberty to recall the fitness certificates in case of default in payment of the balance amount.

Issue for consideration

Whether the petitioner, who was permitted by Ext.P3 to remit vehicle tax arrears in 10 instalments and has paid the first instalment as directed, is entitled to have the remaining instalments accepted by the first respondent without further revenue recovery coercive steps, and to be considered for issuance of fitness certificates for vehicles KL-49/N9570 and KL-49/M-9216

Court's answer

There will be a direction to the first respondent to accept the remaining instalments as directed in Ext.P3.

Ratio / Principle

If five instalments are completed without default, the first respondent shall consider any application submitted by the petitioner for issuance of a fitness certificate.

Key takeaways

If the vehicles are otherwise eligible for a fitness certificate, it shall be issued, provided the petitioner pays the remaining instalments without default.ratio¶37
If fitness certificates are issued and the petitioner defaults in payment of the balance amount, the first respondent shall be at liberty to recall the fitness certificates so issued.ratio¶37

Detailed headnote1 paragraphs

Writ petition (WP(C) No.12498 of 2025, High Court of Kerala, Bechu Kurian Thomas, J., decided 08.04.2025) concerning vehicle tax arrears on two vehicles (KL-49/N9570 and KL-49/M-9216). By Ext.P3 the Government permitted the petitioner to remit the arrears in 10 instalments commencing 17.03.2025; on the petitioner's default of the first instalment, revenue recovery proceedings earlier initiated were continued, and demand notices dated 27.02.2025 were issued by the Deputy Tahsildar u/s 7 and u/s 34 of the RR Act demanding Rs. 1,25,473/-. On 28.03.2025 the Court directed payment of the first instalment by 02.04.2025, which was accordingly paid. Disposing of the petition, the Court directed the Joint Regional Transport Officer, Alathur (first respondent) to accept the remaining instalments as per Ext.P3, to consider any fitness certificate application once five instalments are completed without default, and to issue the certificate if the vehicles are otherwise eligible, provided the remaining instalments are paid without default; the first respondent was given liberty to recall the fitness certificates in case of subsequent default in payment of the balance amount.

WP(C) NO. 12498 OF 2025

2025:KER:30308

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947

WP(C) NO. 12498 OF 2025

PETITIONER(S):

RAFEEK.B., AGED 32 YEARS
S/O. MUHAMMED BASHEER
KIZHAKKUMURRY VANDAZHY, ALATHUR TALUK
PALAKKAD DISTRICT, PIN – 678 706.

BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
B.R.SINDU
REMYA MURALI
V.R.SANJEEV KUMAR
AFNA V.P.

RESPONDENT(S):

1JOINT REGIONAL TRANSPORT OFFICER
SUB-REGIONAL TRANSPORT OFFICE
MINI CIVIL STATION
SWATHI JUNCTION
PUTHIYANGAM ROAD
ALATHUR
PALAKKAD DISTRICT, PIN – 678 541.

2 STATE OF KERALA REPRESENTED BY UNDER SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001.

3 DEPUTY TAHSILDAR TALUK OFFICE, ALATHUR PALAKKAD DISTRICT, PIN – 678 541.

WP(C) NO. 12498 OF 2025

2025:KER:30308

4VILLAGE OFFICER
VANDAZHY VILLAGE OFFICE
VANDAZHY,
PALAKKAD DISTRICT, PIN – 678 706.

DR.THUSHARA JAMES, SR.GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 12498 OF 2025

2025:KER:30308

BECHU KURIAN THOMAS, J.

......….............................................

W.P.(C) No.12498 of 2025

…................................................ Dated this the 8^th day of April, 2025

JUDGMENT

Petitioner is the owner of two vehicles bearing registration Nos.KL-49/N9570 and KL-49/M-9216. Petitioner had failed to pay the tax due on the said vehicles and hence petitioner approached the Government, and by Ext.P3, a lenient view was adopted, permitting the petitioner to remit the tax arrears in 10 instalments. As per Ext.P3 order the first instalment ought to have commenced on 17.03.2025 and the remaining instalments were payable on the 17^th of every succeeding month. However, petitioner failed to deposit the first instalment, and therefore, the respondent proceeded with the revenue recovery proceedings that were initiated earlier. It is at this juncture that petitioner has approached this Court.

When the matter was taken up for consideration on 28.03.2025, this Court directed the petitioner to show his bona fides by paying the first instalment by 02.04.2025 and continue to pay the remaining instalments on the dates specified in Ext.P3.

The learned counsel for the petitioner submitted that the first instalment in Ext.P3 has been paid on 02.04.2025 as directed by this Court, and petitioner is willing to comply with the remaining instalment payments as

WP(C) NO. 12498 OF 2025

2025:KER:30308

prescribed in Ext.P3.

Hence, there will be a direction to the first respondent to accept the remaining instalments as directed in Ext.P3 and if five instalments are completed without default, to consider the application if any, submitted by the petitioner for issuance of a fitness certificate. If the vehicles are otherwise eligible for such a certificate, it shall be issued, provided the remaining instalments are paid by the petitioner without any default. If in case the fitness certificates are issued and petitioner defaults in payment of the balance amount, the first respondent shall be at liberty to recall the fitness certificates so issued.

The writ petition is disposed of.

sd/- BECHU KURIAN THOMAS JUDGE

AMV/08/04/2025

WP(C) NO. 12498 OF 2025

2025:KER:30308

APPENDIX OF WP(C) 12498/2025

PETITIONER EXHIBITS

EXHIBIT P1A TRUE COPY OF THE RC STATUS FOR VEHICLE NO.
NO.KL-49M-9216 ISSUED BY THE SUB-REGIONAL
TRANSPORT OFFICE, ALATHUR IN THE NAME OF THE
PETITIONER

EXHIBIT P2A TRUE COPY OF THE RC STATUS FOR VEHICLE NO.
KL-49N-9570 ISSUED BY THE SUB-REGIONAL
TRANSPORT OFFICE, ALATHUR IN THE NAME OF THE
PETITIONER

EXHIBIT P3A TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 2ND RESPONDENT ON 19.02.2025 IN
CONNECTION WITH VEHICLE NO’S MENTIONED IN
EXHIBIT.P1 AND P2

EXHIBIT P4A TRUE COPY OF THE DEMAND NOTICE DATED
27.02.2025 ISSUED BY THE 3RD RESPONDENT U/S 7
OF THE RR ACT DEMANDING A SUM OF
RS. 1,25,473/-

EXHIBIT P5A TRUE COPY OF THE DEMAND NOTICE DATED
27.02.2025 ISSUED BY THE 3RD RESPONDENT U/S
34 OF THE RR ACT DEMANDING A SUM OF
RS. 1,25,473/-