Petitioner has approached this Court seeking to quash Ext.P7 and for a direction to the respondents to release the vehicle belonging to him bearing Reg.No.KL-59 8899, a mini bus. The said vehicle was seized on account of the liability of the petitioner for non-payment of motor vehicle tax in respect of his another vehicle bearing Reg.No.KL-03-K 9118.
2. It is submitted by the petitioner that he was originally granted facility to repay the outstanding amount in instalments and he had remitted Rs.32,625/- which is endorsed in Ext.P1. But the subsequent instalments could not be paid and thereafter he had approached the authority, who had granted instalment facility, which could also not be paid by him and ultimately the vehicle has been seized as per Ext.P7 mahazer. The total liability as per Ext.P7 mahazer is shown as 1,67,555/-. According to the petitioner, if the vehicle is kept in the custody of the respondent authority, he will be put to irreparable loss and injury and it may not be possible for him to operate the vehicle which is having a valid permit.
3. Heard learned Government Pleader who opposes the request made by the petitioner.
4. Having regard to the factual situation as narrated in the writ petition, I am of the view that some indulgence can be shown to the petitioner and accordingly this writ petition is disposed of as under:
i) The vehicle belonging to the petitioner bearing Reg.No.KL-59-8899 shall be released to him on condition that he deposits Rs.50,000/- (Rupees fifty thousand only) within a period of two weeks from today and continue to pay the balance amount in three equal monthly instalments starting from 20/11/2014.
ii) If there is failure to pay Rs.50,000/- or any other instalments, it shall be open to the respondent authority to take appropriate proceedings, in accordance with law.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr