WP(C) NO. 12498 OF 2025 1 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): 1 JOINT 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 2 2025:KER:30308 4 VILLAGE 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 3 2025:KER:30308 BECHU KURIAN THOMAS, J. ......…............................................. W.P.(C) No.12498 of 2025 …................................................ Dated this the 8th day of April, 2025 JUDGMENT Petitioner is the owner of two vehicles bearing registration Nos.KL-49/N- 9570 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 17th 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. 2. 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. 3. 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 4 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 5 2025:KER:30308 APPENDIX OF WP(C) 12498/2025 PETITIONER EXHIBITS EXHIBIT P1 A 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 P2 A 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 P3 A 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 P4 A 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 P5 A 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/-