IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 35196 of 2009(T) -------------------------- PETITIONER(S): --------------- SRI.ELDHO, S/O.KUNJU, AGED 40 YEARS, NADAKKAL HOUSE, VAIKARA KARA, PERUMBAVOOR, KUNNATHUNADU TALUK. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT OFFICER, MUVATTUPUZHA. *ADDL.R2: KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, DISTRICT EXECUTIVE OFFICER, S.R.M. ROAD, ERNAKULAM. (* IMPLEADED AS PER ORDER DT.15.12.09 IN I.A.15571/09) GOVERNMENT PLEADER SRI.BIJOY CHANDRAN ADV. SRI.P.RAMAKRISHNAN, SC, FOR ADDL.R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.35196 OF 2009 ------------------------------ Dated this the 23rd day of December, 2009 J U D G M E N T ---------------------- 1. Grievance of the petitioner is that Motor Vehicles Tax with respect to the vehicle owned by him bearing Regn: No:KL- 10/M-5389 is not being received by the 1st respondent for the reason that the petitioner has not produced clearance certificate/No-Objection Certificate from the 2nd respondent in proof of payment of contributions due to the Welfare Fund. It is stated that the vehicle is a stage carriage and it was not covered by any permit during the period from 1.7.2008 onwards. The petitioner had produced Ext.P2 endorsement made in the Registration Certificate, which will reveal that tax endorsement was made to the effect that the petitioner is liable to pay tax only at the rate of Rs.210/- per quarter from 1.7.2008 onwards, which is the rate applicable to Non-Transport Vehicles. According to the petitioner, since the vehicle is not operating and since tax endorsement is made permitting payment at the rate applicable to Non-Transport Vehicles, the petitioner is not liable to pay contributions to the Welfare Fund. 2. Considering the facts and circumstances I am of the W.P.(C).35196/09-T 2 opinion that a direction can be issued to the 1st respondent to accept Motor Vehicles Tax on a provisional basis, subject to adjudication and realisation of liability if any due to the Welfare Fund, by the 2nd respondent. 3. Accordingly the writ petition is disposed of directing the 1st respondent to accept Motor Vehicles Tax due with respect to vehicle No:KL-10/M-5389, due for the period from 1.7.2008 onwards, without insisting for production of No-Objection Certificate from the 2nd respondent, on a provisional basis. 4. It is made clear that the acceptance of Motor Vehicles Tax will not in any way prejudice action if any contemplated under the provisions of the Kerala Motor Transport Workers Welfare Fund Act for determination and realisation of contributions if any liable from the petitioner. C.K.ABDUL REHIM, JUDGE. okb