IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 8003 of 2009(U) ------------------------- PETITIONER(S): --------------- T.K.MANZOOR, THIRUTTIKKATTIL HOUSE, P.O.PADIYAM, MUTTICHOOR, TRISSUR. BY ADV. SRI.M.A.FAYAZ RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER, TRISSUR. 2. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, TRISSUR. 3. PUSHPANGADHAN, MENATH PARAMBIL, KANDASSAN KADAVU, KAVUMUKKU, TRISSUR. ADV. SMT.I.SHEELADEVI, SC,KMTWF BOARD FOR R2 SMT.K.R.SREELATHA, G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.8003 of 2009 ================== Dated this the 17th day of March, 2009 J U D G M E N T The petitioner is a stage carriage operator. The petitioner got transfer of the vehicle from the previous owner. He wanted to replace the vehicle and get endorsement of the transfer and replacement endorsed in the permit. This is not acceded to the by the respondents on the ground that welfare fund dues are outstanding in respect of the vehicle. The petitioner submits that the respondents cannot recover the welfare fund dues in respect of the previous owner from the petitioner as a condition for endorsement. I am of opinion that in so far as the welfare fund is a charge on the vehicle, the respondents are certainly entitled to refuse endorsement, if any welfare fund dues are outstanding, especially in view of the fact that the welfare fund amounts are to be credited to the account of the employees. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2