IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 21923 of 2010(M) ------------------------------------------ PETITIONER(S): ------------------------- SADURUDEEN, 22/162,CHITTUR, THATHAMANGALAM, PALAKKAD. BY ADVS. SRI.K.V.GOPINATHAN NAIR, SMT.G.CHITRA. RESPONDENT(S): --------------------------- 1. THE REGIONAL TRANSPORT OFFICER, PALAKKAD. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFAARE FUND BOARD, PALAKKAD. R1 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN R2 BY ADV. SMT. I. SHEELA DEVI, SC, KMTWF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 21923 OF 2010 -------------------------------------------- Dated this the 14th day of July, 2010 JUDGMENT The petitioner purchased the stage carriage bearing No. KL-07/AL 7300 from one Abdul Manaf and the transfer of ownership has been endorsed in the certificate of registration produced and marked as Ext.P1, with effect from 18.05.2010. The case of the petitioner is that, the petitioner is very much ready and willing to effect the contribution payable to the 2nd respondent in respect of the said vehicle for the period subsequent to the purchase; however adding that no such liability can be fastened; on the shoulders of the petitioner in respect of the prior period. It is also stated that, there is some dispute between the original owner and the 2nd respondent in this regard. The matter is being considered by the appropriate authority in accordance with law but this cannot be a reason for not accepting the tax in respect of the vehicle stating that the petitioner has to produce ‘NOC’/clearance certificate from the 2nd respondent as to the total satisfaction of the outstanding liability. 2. Heard the learned standing counsel for the 2nd respondent as well as the learned Government Pleader appearing for the 1st respondent. 3. Considering the facts and circumstances, there will be a direction to the 1st respondent to receive the Motor Vehicles tax in respect 2 WP(C) No.21923/2010 of the vehicle belonging to the petitioner covered by Ext.P1, without insisting for production of any clearance certificate from the 2nd respondent in respect of a period prior to the date of purchase of the vehicle. However it will be for the petitioner to produce the requisite certificate in respect of the subsequent period, i.e., with regard to the period after the purchase. It is also made clear that, the contribution if at all to be made in respect of the prior period, of course will be a charge on the vehicle in view of Section 10 of the Kerala Motor Transport workers' Welfare Fund Act and the petitioner shall given an undertaking to the effect that the petitioner will not alienate the vehicle, nor will cause any damage to the same so as to diminish the value of the vehicle under any circumstance. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc