IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 32767 of 2010(U) ---------------------------------------- PETITIONER(S): ------------------------ RADHAKRISHNA KURUP, S/O. NARYANAN NAIR, MEDAYIL VEEDU, MUTHUKULAM SOUTH.P.O., KAYAMKULAM. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ---------------------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, KAYAMKULAM - 690 502. 2. THE DISTRICT EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOLLAM - 691 001. 3. THE EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, HARIPPAD - 690 514. 4. D.ANILKUMAR, S/O. DEVADASAN, ONAMPALLY VEETTIL,PULLATHOTTAM, NAGAROOR VILLAGE, CHIRAYANKEEZHU THALUK, THIRUVANANTHAPURAM DISTRICT, PIN - 695 001. R1 BY GOVERNMENT PLEADER SRI. C.K.GOVINDAN R2 & R3 BY ADV. SRI. D.SAJEEV BABU, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.32767 of 2010 ------------------------------------------- Dated this the 4th day of November, 2010 J U D G M E N T ---------------------- Petitioner had purchased a contract carriage vehicle bearing No:KL-17/9595 from the 4th respondent, on 4.3.2009, by virtue of Ext.P1 agreement. Ownership of the vehicle was transferred into the name of the petitioner as evidenced from Ext.P2 Registration Certificate, with effect from 1.4.2009. Permit was also issued in the name of the petitioner as per Ext.P3, with validity from 1.4.2009 onwards. Ext.P4 is the copy of the Insurance Certificate in the name of the petitioner. From Ext.P5 receipt it is evident that the petitioner had remitted contributions due to the Kerala Motor Transport Workers Welfare Fund for the period upto March 2010. It is the case of the petitioner that on the basis of Ext.P5 the 1st respondent had received Motor Vehicle Tax due on the vehicle for the period upto the last quarter. Grievance of the petitioner is that tax due for the current quarter is not being accepted for want of W.P.(C).32767/10-U -2- proof regarding payment of contributions to the Welfare Fund. It is stated that the 3rd respondent is not accepting the contributions now, on the allegation that previous owner had defaulted payment of contributions for previous periods, before the District Executive Officer of the Welfare Fund at Kollam. According to the petitioner, the non- acceptance of contribution by the 3rd respondent as well as non-acceptance of motor vehicle tax by the 1st respondent is creating impediment in operation of the vehicle and petitioner is put to severe prejudice. 2. Inspite of notice served on the Standing Counsel nobody appeared on today for respondents 2 & 3. It is evident from the relevant provisions that the arrears of contributions if any due is a charge on the vehicle, and the liability on the transferee owner is not exonerated. Under such circumstances I am of the view that there is no reason for non-acceptance of contributions from the petitioner for the current periods, especially in view of the fact that contributions were already accepted from him, as evidenced from Ext.P5. The respondents 2 & 3 will be always at liberty to determine the amount and the liability, and can W.P.(C).32767/10-U -3- take steps for recovery as permissible under law. But there is no justification in depriving the rights of the petitioner to operate the vehicle for any reason of the arrears. 3. Under the above circumstances the writ petition is disposed of directing the 3rd respondent to accept contributions payable with respect to the vehicle for the period after March 2010, from the petitioner, without prejudice to rights to recover arrears if any due from those who are responsible under law. The 1st respondent is directed to accept the motor vehicle tax, on producing proof regarding payment of contributions for the period from March 2010 onwards. 4. It is made clear that, acceptance of contributions to the Welfare Fund as well as the acceptance of motor vehicle tax on the basis of the above direction will be without prejudice to rights of the authorities to recover arrears if any due, in accordance with law. C.K.ABDUL REHIM, JUDGE. okb