IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 31928 of 2010(M) -------------------------- PETITIONERS: -------------------- 1. SADIC MOHAMMED, KARIKKANAKUDIYIL HOUSE, VELLOORKUNNAM P.O., MUVATTUPUZHA P.O. 2. V.N.RAJESH, VARICKAKKAL HOUSE, EDAVETTY P.O., THODUPUZHA. 3. JOSHY JOHN, VADAKKEKKARA HOUSE, PERUMBALLOOR P.O., MUVATTUPUZHA. 4. FAISAL V.A., VELAKKOT PUTHENPURA, ADOOPARAMBU, MUVATTUPUZHA. BY ADV. SRI.M.A.FAYAZ RESPONDENTS: ---------------------- 1. REGIONAL TRANSPORT OFFICER, OFFICE OF THE REGIONAL TRANSPORT OFFICER, MUVATTUPUZHA-686673. 2. REGIONAL TRANSPORT OFFICER, THODUPUZHA-685584. 3. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, PALARIVATTOM, ERNAKULAM-682 025. 4. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, THODUPUZHA, IDUKKI-685584. R1 & R2 BY SRI.P.RAMAKRISHNAN, SC. SRI.T.NAVEEN, SC BY GOVT. PLEADER, SRI.BEJOY CHANDRAN R3 & R4 BY ADV. SRI.NAVEEN. T, SC, KMTWWFB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K. ABDUL REHIM, J ------------------------------ WP(C) NO. 31928 OF 2010 ------------------------------------ Dated this the 26th day of October, 2010 JUDGMENT Petitioners are auction purchasers of goods carriages bearing Registration Nos. KL-07-BC-657, KL-07- AZ-7709, KL-07-BC-629 and KL-07-BC-655. Registration of these vehicles were transferred into the name of the petitioners by virtue of Ext.P2 order of this Court on the basis of Bank Guarantee furnished for securing the arrears of motor vehicles tax. Ext.P3 series are the registration certificates evidencing transfer of registration effected in favour of the petitioners. 2. Grievance of the petitioner is that respondents 1 and 2 are not accepting motor vehicles tax due with respect to the vehicles, for want of production of proof regarding payment of contributions to the Kerala Motor Transport Workers Welfare Fund Board. It is stated by the petitioner that contribution to the welfare fund is not 2 WP(C) No. 31928/2010 being accepted by respondents 3 and 4 on the basis that the contributions due for the period prior to the auction purchase, is due. 3. Standing counsel appearing for respondents 3 and 4 on the basis of instructions submitted that determination of contributions with respect to the vehicles in question was not completed in relation to the period prior to the auction purchase. It is pertinent to note that the petitioners have purchased those vehicles by participating in the auction conducted by the State Bank of Travancore , Panampilly Nagar branch. It is submitted that the vehicles were kept idle in the custody of the Bank for a considerable period prior to the date of the auction and as such vehicles were not put to use and there were no employees working for such period prior to the date of auction. However, it is contended that even if there is any arrears, the petitioner is not liable for payment of such amounts, because the employers till such time were the previous owners. 3 WP(C) No. 31928/2010 4. Considering the facts and circumstances, I am of the opinion that the question whether there was any arrears with respect to contributions payable to the welfare fund and as to who is liable for payment of such arrears etc., could not be decided in this Writ Petition. It is evident that the petitioners have purchased the vehicles only in the auction sale which was conducted by the Bank and confirmed in favour of the petitioners on 23.04.2010. It is also evident that the registration of the vehicles were transferred into the name of the petitioners only on 11.10.2010. 5. Under such circumstances, I am of the opinion that the respondents 1 and 2 can be directed to accept motor vehicles tax without insisting on proof regarding payment of contributions to the Kerala Motor Transport Workers Welfare Fund Board, if the petitioner is remitting contributions if any due for the period after transfer of the vehicle into their name. 4 WP(C) No. 31928/2010 6. Accordingly, the Writ Petition is disposed of directing respondents 1 and 2 to accept motor vehicles tax due with respect to vehicles owned by the petitioners bearing registration Nos. KL-07-BC-657, KL-07-AZ-7709, KL-07-BC-629 and KL-07-BC-655, without insisting on proof regarding payment of contributions to the Kerala Motor Transport Workers Welfare Fund Board, provided the petitioner produce proof regarding payment of contributions for the period after 11.10.2010. 7. However, it is made clear that acceptance of motor vehicles tax on the basis of the above directions will not stand in the way of respondents 3 and 4 from passing any order of determination with respect to previous periods and also from recovering such amounts from those who are liable under the provisions of the Act. C.K. ABDUL REHIM JUDGE dnc