SURESH KUMAR Vs. THE REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) Aggrieved by a judgment in so far as it did not permit the appellant to ply the vehicle (stage carriage), the partially successful writ petitioner filed this writ appeal.

(2.) The appellant is a defaulter in payment of the motor vehicles tax for the period between 1.7.2009 and 30.6.2010. The case of the appellant is that as the vehicle broke down during the relevant period he could not generate any revenue out of it and therefore he had defaulted in the payment. In view of the default in payment of tax the respondent authority initiated proceedings for recovery of the amount of tax due. Hence the writ petition.

(3.) By the judgment under appeal dated 21st May, 2010, a learned Judge of this Court partially allowed the writ petition interdicting the tax recovery proceedings on condition that the appellant herein clears all the arrears of tax demanded in five equal monthly instalments, first of which was directed to fall due on 10th of June 2010 and the other instalments on 10th of every succeeding month. However, by the judgment under appeal the appellant was not permitted to ply the vehicle until the entire arrears of tax was cleared. Aggrieved thereby, the instant writ appeal is filed.