IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 38031 of 2010(D) -------------------------- PETITIONER(S): --------------- USMAN, S/O.MOHAMMED, PANGINIKADAN HOUSE, P.O.KADANNAMANNA, PERINTHALMANNA. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER/TAXATION OFFICER, PALAKKAD. 678 001. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALAKKAD. 678 001. ADV. SRI.K.S.MANU, SC, KMTWWFB FOR R2 GOVERNMENT PLEADER SRI.BASANT BALAJI-R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.38031 OF 2010 -------------------------------------------- Dated this the 22nd day of December, 2010 JUDGMENT The petitioner is the registered owner of a stage carriage bearing registration No.KL-10 165. Admittedly, the petitioner has committed default in payment of contribution towards the Motor Transport Workers Welfare Fund in respect of the aforesaid vehicle. This Writ Petition has been filed mainly with the prayer to direct the second respondent to accept the arrears of contribution towards the Motor Transport Workers Welfare Fund for the period from 1.6.2005 to 31.12.2010 in respect of the aforesaid vehicle in instalments. 2. I have heard the learned counsel for the petitioner and also the learned standing counsel appearing for the second respondent. In view of the submissions made by the learned counsel on both sides, I am inclined to dispose of this Writ Petition granting liberty to the petitioner to clear the arrears of contribution towards the Motor Transport Workers Welfare Fund for the period from 1.6.2005 to 31.12.2010 in respect of the vehicle KL-10 L 165 in five equal monthly instalments commencing from 5.1.2011. Balance instalments shall be paid on or before 5th day of W.P.(C) NO.38031/2010 2 succeeding months. In case of failure on the part of the petitioner to effect payment as stipulated above, it will be open to the second respondent to initiate action, in accordance with law. In case the petitioner effects the first instalment on or before the above mentioned period, the first respondent shall accept the motor vehicle tax in respect of the aforesaid vehicle. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.38031/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.38031/2010 4