IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 37189 of 2009(P) --------------------------------------- PETITIONER(S): ----------------------- N. RAJAN, S/O.NANU, ELAMKATTU KIZHAKKETHIL MANAYILKULANGARA, KOLLAM. BY ADV. MR.RAJESH VIJAYAN RESPONDENT(S): ------------------------- 1. REGIONAL TRANSPORT OFFICER/TAXATION OFFICER, KOLLAM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, THIRUVANANTHAPURAM. 3. ARUN MOHAN, S/O.MOHAN. K, 571(8)/901 TWINKLE GARDEN, 2/KAVARA, NELLANAD, VENJARAMOODU, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER MR.BIJOY CHANDRAN R2 BY ADV. MR.K. HARILAL, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 37189 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2009 J U D G M E N T 1. Grievance of the petitioner is that payment of Motor Vehicle Tax due with respect to his vehicle bearing No.KL-17/B-3747 is not being accepted by the 1st respondent insisting on production of 'No-Objection' from the 2nd respondent. According to the petitioner he had purchased the vehicle from the 3rd respondent and the transfer was endorsed in the registration certificate only with effect from 28.07.2009. It is stated that he is ready and willing to pay contributions due to the 2nd respondent pertaining to the period from the date of purchase. But his grievance is that the 2nd respondent is not issuing clearance, since proof regarding payment of contributions for the period prior to the purchase is not produced. Under such circumstances the petitioner is seeking direction for acceptance of Motor Vehicle Tax without insisting W.P.(C)No. 37189 of 2009 -2- production of proof regarding payment of the contributions for the previous period. 2. Learned standing counsel appearing for the 2nd respondent had pointed out that if there is any arrears, the transferee as well is liable to clear such arrears, inspite such transfer of ownership. Therefore the petitioner could not shirk liability on the ground that the vehicle was purchased by him only on 28.07.2009, if there is arrears pertaining to the previous periods. 3. Having considered facts and circumstances of the case, I am of the opinion that the writ petition can be disposed of directing the 1st respondent to accept Motor Vehicle Tax on a provisional basis, without prejudice to rights of the 2nd respondent to realise amounts if any due for the period prior to the purchase from the petitioner charged on the vehicle. 4. In the result the 1st respondent is directed to accept Motor Vehicle Tax due with respect to vehicle bearing No.KL-17/B-3747 on the petitioner producing proof W.P.(C)No. 37189 of 2009 -3- regarding payment of contributions to the Welfare Fund, due for the period after 28.07.2009. 5. The acceptance of tax as directed above will be purely on a provisional basis and the 2nd respondent will be free to proceed with determination and recovery of arrears of contributions if any due with respect to the vehicle for the period prior to 28.07.2009 in accordance with law. C.K. ABDUL REHIM JUDGE shg/