IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 32810 of 2010(A) -------------------------- PETITIONER: ------------------ JAMSHID, S/O.JAMALUDHEEN, AGED 20 YEARS, PUNNADIPOYIL HOUSE, MADAVOOR P.O., KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ---------------------- 1. THE EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOZHIKODE 673001. 2. THE ADDITIONAL REGIONAL TRANSPORT AUTHORITY, KODUVALLY 673001. 3. NOUSHAD M.K., S/O.M.K.KOYA, MAVILAKANDY HOUSE, THALAYADU P.O., UNNIKULAM, KOZHIKODE 673001. R1 BY ADV. SRI.NAVEEN. T, SC, KMTWWFB BY SENIOR GOVERNMENT PLEADER, SRI. MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K. ABDUL REHIM, J ------------------------------ WP(C) NO. 32810 OF 2010 ------------------------------------ Dated this the 29th day of October, 2010 JUDGMENT Petitioner is aggrieved by non acceptance of motor vehicles tax due with respect to vehicle owned by him bearing No. KL-56-6570, insisting on production of proof regarding payment of contributions to the Kerala Motor Transport Workers Welfare Fund. According to the petitioner the said vehicle was purchased by him and the registration was got transferred into his name only with effect from 11.05.2010. It is stated that the arrears of contributions, if any due for the periods prior to the said date need be cleared payment by the previous owner, the 3rd respondent herein. Since the petitioner is not liable for payment of such arrears, the non-acceptance of motor vehicles tax on the ground of non-production of 'No Objection Certificate' from the first respondent is highly unsustainable and unjustifiable, is the contention. 2 WP(C) No. 32810/2010 2. Considering the facts and circumstances of the case, I am of the opinion that the second respondent can be directed to accept motor vehicles tax without producing proof regarding payment of contributions, subject to the condition that the petitioner produce proof regarding payment of contributions for the period from 11.05.2010 onwards, and subject to rights of the first respondent to take proper steps for realizing arrears if any due, either from the 3rd respondent or from the petitioner, whoever is liable in accordance with law. 3. Learned standing counsel appearing for the first respondent Board submits that there is arrears of Rs.6,800/- due for the period prior to the transfer. Referring to the provisions contained in the Kerala Motor Transport Workers Welfare Fund Act, it is pointed out that inspite of transfer of ownership the said amount will be a charge on the vehicle, under Section 10 (2). 4. Under the above circumstances, the Writ Petition 3 WP(C) No. 32810/2010 is disposed of directing the second respondent to accept motor vehicles tax due with respect to vehicle bearing No. KL-56-6570, without insisting for production of proof regarding payment of contributions to the Welfare Fund, provided the petitioner produce proof regarding remittance of contributions for the period after 11.05.2010. 5. It is made clear that the first respondent will be at liberty to take effective steps for realizing amount of arrears if any due for the period prior to 11.05.2010, as permissible under law by initiating appropriate steps. C.K. ABDUL REHIM JUDGE dnc