IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 21377 of 2009(N) -------------------------- PETITIONERS: --------------- 1. SUNNY JOSEPH, S/O.JOSEPH, RESIDING AT MALAYAMKANDATHIL HOUSE, POTHUNDY P.O., POKKAMADA, PALAKKAD DISTRICT. 2. V.SUKUMARAN, S/O.P.K.VELU, RESIDING AT 'MADHU', NEMMARA P.O., VALLANGHI, PALAKKAD DISTRICT. 3. JEESAN, S/O.OUSEPACHAN, RESIDING AT VITHANASSERY, P.O.NEMMARA, KACHERIPADAM, PALAKKAD DISTRICT. BY ADV. MR. V.CHITAMBARESH, SENIOR ADVOCATE MR. T.C.SURESH MENON MR. JIBU P THOMAS MR. P.S.APPU MR. A.R.NIMOD MR. C.A.ANOOP RESPONDENTS: --------------- 1. THE SUB REGIONAL TRANSPORT OFFICER, ALATHUR, PALAKKAD DISTRICT. 2. THE DISTRICT EXECUTIVE OFFICER, MOTOR TRANSPORT WELFARE FUND BOARD, PALAKKAD. R1 BY GOVERNMENT PLEADER MR. P.K. BABU R2 BY MS. SHEELA DEVI, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 21377 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 29th day of July, 2009 JUDGMENT The case of the petitioners is that, they are owners of the concerned tipper lorries, which are being driven by themselves and that there is no question of involvement of any other employees so as to necessitate any contribution to the second respondent under the Motor Transport Workers Welfare Fund. The grievance projected in the Writ Petition is that, the first respondent is not accepting the motor vehicles tax in respect of the concerned vehicles, wrongly insisting to produce the clearance certificate to be procured from the second respondent, as to the remittance to the Motor Transport Workers Welfare Fund. 2. Heard the learned Government Pleader appearing on the behalf of the first respondent and Smt. Sheela Devi, the learned standing counsel appearing for the second respondent as well. 3. The learned counsel for the petitioners submits that, the petitioners will be satisfied, if appropriate direction is given to the first respondent to consider Exts. P4 to P6 representations filed by the petitioners projecting their grievance. Considering the facts and circumstances, the first respondent is directed to consider and pass appropriate orders on Exts.P4 to P6 in accordance with law, after giving an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate within six weeks from the date of receipt of a copy WP (C) No. 21377 of 2009 : 2 : of this judgment. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd