The petitioner is the owner-cum- driver of the lorry bearing No.KL.04/U-8897. When it was found as being plied in contravention of the statutory provisions, in so far as the petitioner failed to produce the permit and receipt of payment of tax for the concerned quarter, when the same was demanded by the second respondent/Sub Inspector, the vehicle was intercepted by the second respondent/Sub Inspector, leading to Ext.P2 Vehicle Inspection Report, pointing out the following irregularities “1. R/C and permit is not produced
2. MDL of driver is not produced.
3. No evidence for the remission of tax for the Qr. 30.09.2014."
The vehicle was taken into custody and handed over to the first respondent/Jt.RTO. The petitioner filed Ext.P3 before the first respondent for releasing the vehicle and to give a chance to clear the tax arrears by way of installments.
2. Heard the learned Government Pleader as well, who submits that the tax was paid only for the period upto 30.06.2013 and that the 'fitness certificate' expired on W.P.(C)No.26734 OF 2014 2 11.03.2014 It is stated that the tax liability as on date is nearly Rs.37,000/- and that compounding fee of Rs.10000/- is also payable by the petitioner. It is stated that the petitioner is liable to satisfy some other liabilities as well, and that the total liability roughly comes to Rs.50000/-
3. After hearing both the sides, the petitioner is directed to clear the liability by way of 'four' equal monthly installments, the first of which shall be paid on or before 30.10.2014, followed by similar installments to be paid on or before 30th of the succeeding months. On satisfaction of 50% of the liability as above, the custody of the vehicle shall be released to the petitioner. However, the vehicle shall be put on road only after satisfaction of the entire liability as aforesaid and subject to obtaining the fitness certificate and such other relevant records as envisaged under the relevant provisions of law .
The writ petition is disposed.
P.R.RAMACHANDRA MENON JUDGE lk