IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 31652 of 2010(F) -------------------------- PETITIONER: ----------------- BIJU,S/O.MR.OUSEPH,R/AT 3/32, NJARAKKADAN,ODACKALY, ASMANOOR,PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENTS: ---------------------- 1. SUB REGIONAL TRANSPOR OFFICER, PERUMBAVOOR,ERNAKULAM DISTRICT. 682011 2. THE DISTRICT OFFICER,KERALA STATE MOTOR TRANSPORT WORKERS WEFARE FUND BOARD, ERNAKULAM. 682011 3. THE DISTRICT OFFICER,KERALA STATE MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, THIRUVANANTHAPURAM . 695001 4. MR.RADHAKRISHNAN,S/O.KESAVA PILLAI, R/AT NEETHU BHAVAN,ERUTHAVOOR PO,MAZHAVALLOOR, NEYYATTINKARA,THIRUVANANTHAPURAM.695001 R1, 3 BY GOVERNMENT PLEADER, SRI.BIJOY CHANDRAN R4 BY ADV. SRI.D.SAJEEV BABU, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, ALONG WITH WP(C) NO. 31656 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K. ABDUL REHIM, J ------------------------------- WP(C) NOs. 31652 OF 2010 & 31656 OF 2010 ----------------------------------------------------------- Dated this the 16th day of November, 2010 JUDGMENT In both these cases the petitioners are seeking directions for acceptance of motor vehicle tax due with respect to vehicles owned by them, without insisting for production of proof regarding payment of contributions to the Kerala Motor Transport Workers Welfare Fund Board. According to the petitioners they were ready and willing to pay the contributions due for the period after purchase of the respective vehicles. But the authority of the Welfare Fund has not received the contributions on the premise that there is no proof regarding payment of contributions for the previous periods. 2. On 15.10.2010 interim orders were issued in both these cases directing the 2nd respondent to accept contributions from the petitioners, due for the period from the respective dates of purchase of the vehicles by each one of them, without prejudice to the rights to 2 WP(C) No. 31652/2010 & 31656/2010 recover arrears of contributions if any due. Consequently, the motor vehicle authority was also directed to accept the tax due, subject to production of proof regarding payment of contributions to the Welfare Fund for the period after purchase of the vehicle. The petitioners were directed to furnish undertakings in the form of affidavits to the effect that they will not part with ownership or possession of the vehicle till the entire arrears due to the Welfare Fund is cleared payment. 3. It is submitted that, pursuant to the interim orders issued, motor vehicle tax due for the current quarter was already paid by both the petitioners. Under such circumstances, these Writ Petitions are disposed of directing the 2nd respondent to issue necessary proceedings determining the arrears of contribution if any due with respect to vehicles in question and to take effective steps for recovery of such amounts from those who are responsible for payment in accordance with the provisions 3 WP(C) No. 31652/2010 & 31656/2010 of the relevant statute. Without prejudice to such rights of the 2nd respondent to take appropriate proceedings, the Writ Petitions are disposed of making the interim orders absolute, so far it relates to acceptance of tax for the further periods. C.K. ABDUL REHIM JUDGE dnc