IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 22239 of 2010(D) -------------------------------------- PETITIONER(S): ------------------------- 1. ABDU T.K., S/O. ALIKUNHI, (KL-04/G3798) "THUNDAKKACHI KANNOOKKARANTAKATH HOUSE" IRINGAL P.O. C.POLICE, PARIYARAM G.P. THALIPARAMBA, KANNUR DISTRICT. 2. K.SREEDHARAN,S/O.NARAYANAN,(KL-02/F6116) RESIDING AT 'SNEHALAYAM'H/NO.2/400-ABDIIR G.P. VALIYA VEEDU, P.O. MORAZHA, VIA MOTTAMMAL, TALIPARAMBA, KANNUR DISTRICT. 3. SIDDIQUE, S/O. ABDULLA, (KL-04/G3789) RESIDING AT HS NO.6/279, ANDOOR G.P. MARIYAKANDY, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.A.K.ABDUL AZEEZ SRI.RENJIT GEORGE RESPONDENT(S): ------------------------- 1. ADDITIONAL REGISTERING AUTHORITY, THALIPARAMBA, KANNUR DISTRICT. 2. THE DISTRICT EXECUTIVE OFFICER, KMTWWF BOARD, KANNUR - 670001. R1 BY GOVT. PLEADER SRI.BIJOY CHANDRAN R2 BY ADV. SRI.PAULSON C. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 22239 OF 2010 -------------------------------------------- Dated this the 16th day of July, 2010 JUDGMENT The petitioner has approached this Court with the following prayers: (i) Issue a writ of Mandamus or any other appropriate Writ, Order or directing the 1st respondent to accept the tax for the petitioner's vehicles bearing registration Nos. KL-04/G 3798, KL-02/F 6116 and KL-04/G 3789 forthwith. (ii) Declare that the act of the 1st respondent is illegal. (iii) Issue any other Writ, order or direction which this Hon'ble Court deems fit in the facts and circumstances of the case. The learned counsel for the petitioner submits that, the petitioners do not intend to challenge the correctness and sustainability of the proceedings with regard to the liability of the petitioner to satisfy the amounts stated as due under the Kerala Motor Transport Workers’ Welfare Fund in respect of the above vehicle and that the every earnest effort is being taken to clear the entire liability; for which some breathing time is sought for. The learned counsel also submits that, appropriate directions might be given to the 1st respondent to accept the motor vehicles tax in respect of the above vehicles subject to satisfaction of the liability to clear the welfare fund arrears in a phased manner. 2. Heard the learned standing counsel appearing for the 2nd respondent as well as the learned Government Pleader for the 1st respondent. 2 WP(C) No. 22239/2010 3. The assurance and undertaking given by the petitioners through the learned counsel is recorded. The entire outstanding liability in respect of the vehicles bearing No. KL 4 G 3798, KL 02 F 6116 and KL 04 G 3789 shall be cleared by way of 'four' equal monthly instalments, the first of which shall be effected forthwith, subject to which the tax shall be accepted by the 1st respondent. The balance amount in respect of the welfare fund arrears shall cleared by the petitioners on or before the 20th of the succeeding months commencing from August, 2010. It is made clear that, if any default is committed by the petitioner in satisfying the liability as above, the respondents will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum. The petitioners shall also given an undertaking in the form of an affidavit that the petitioners will not transfer or alienate the vehicles; nor will cause any damage to the vehicle so as to diminish the value in any manner. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc