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A.P.Sivadasan

High Court Of Kerala|08 October, 2014
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JUDGMENT / ORDER

The petitioner has approached this Court with the following prayers :
“i. To issue a writ of mandamus or such other writs, order or direction directing the second respondent, Regional Transport Officer, Palakkad to accept the tax due for the period from 01.04.2006 to 30.06.2006 and for quarter ending 9/2006 and 10/2006 in respect of stage carriage KL 9 J 7433, in six equal monthly installments ii. to grant such other reliefs as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case.
2. It is revealed from the writ petition that the petitioner is the owner of the stage carriage bearing No. KL 9 J 7433 and by virtue of some accident the petitioner was not in a position to ply the vehicle. In the said circumstances, there occurred some default in remitting the tax. It is stated that the petitioner was all along ready to satisfy the entire tax liability in respect of the vehicle for the relevant period. But the second respondent expressed helplessness W.P.(C) No. 29124 of 2007 : 2 :
in accepting tax by way of installments and hence the writ petition, seeking for permission to clear the liability by way of six equal monthly installments.
3. When the matter came up for consideration on 03.10.2007, the following interim order was passed;
“Govt. Pleader takes notice for respondents. There will be an interim stay of Ext. P1 on condition that the petitioner remits 1/3rd of the amount due.
Post after two weeks”
4. The learned Government Pleader submits that the petitioner had already approached the Government as well and an order dated 05.07.06 came to be issued, directing the petitioner to satisfy the arrears by way of three installments, which was not satisfied by him. Even otherwise, this Court finds that the petitioner has sought for only six monthly installments, by filing the writ Petition on 01.10.2007. Instead of six months, seven years are already over. In the said circumstances nothing further remains to be considered, interference is declined and the Writ Petition is dismissed.
kmd Sd/-
P. R. RAMACHANDRA MENON, (JUDGE)
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Title

A.P.Sivadasan

Court

High Court Of Kerala

JudgmentDate
08 October, 2014
Judges
  • P R Ramachandra Menon
Advocates
  • Sri
  • I Dinesh Menon