IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 31283 of 2011(I) ------------------------------------- PETITIONER(S): --------------------- MATHEW P.P., S/O.PAILY, 2/239A, POOVATHINKAL HOUSE, MANIPPARA P.O., KARIMBAN, IDUKKI. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENT(S): ------------------------ 1. REGIONAL TRANSPORT OFFICER, *MALAPPURAM-676506. (CORRECTED) *CORRECTED AS IDUKKI AS PER ORDER DATED 25.11.2011 IN I.A. 18906/11 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, MALAPPURAM-676505. 3. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, MALAPPURAM-676505. 4. N.K.ASHARAF, S/O.UMMER, NAMBANKUNNATH HOUSE, IRINGALLUR P.O., VENGARA, MALAPPURAM DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, MUHAMMED ALI, S/O.UMMER, NAMBANKUNNATH HOUSE, IRINGALUR P.O., VENGARA, MALAPPURAM DISTRICT, PIN-676304. R1 BY GOVERNMENT PLEADER SMT. P.A. REZIYA R2 & R3 BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD R4 BY ADV. SMT.K.G.SAROJINI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 31283/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE CLEARENCE CERTIFICATE DATED 13/10/2011 ISSUED BY THE IST RESPONDENT. EXT.P2 TRUE COPY OF THE REGISTRATION CERTIFICATE BEARING REGISTRATION NUMBER NO.KL-10AD-5825 AFTER EFFECTING TRANSFER OF OWNERSHIP IN THE NAME OF THE PETITIONER. EXT.P3 TRUE COPY OF THE INTERIM ORDER MADE ON 24/3/2010 IN WPC.9997/2010. RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE SD S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 31283 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th day of December, 2011. J U D G M E N T The petitioner is the registered owner of a stage carriage bearing Reg. No. KL-10AD/5825. The vehicle was purchased by the petitioner and the transfer of ownership was registered with effect from 13.10.2011. The petitioner wanted to pay motor vehicle tax in respect of the vehicle with effect from 1.10.2011. The 1st respondent refused to accept tax insisting on production of clearance certificate from the Motor Transport Workers Welfare Fund Board for payment of arrears of contributions under the Kerala Motor Transport Workers Welfare Fund Act, as a condition for accepting tax. The petitioner's contention is that for periods prior to the purchase of the vehicle, the previous owner is liable and not the petitioner. It is under the above circumstances, the petitioner has filed this writ petition seeking the following relief: “Issue a writ of mandamus or any other appropriate writ commanding the 1st respondent to accept MV tax for for vehicle No. KL-10AD-5825 for the period commencing from 1.10.2011 without insisting for proof of payment of arrears of Kerala Motor Transport Workers Welfare Fund by the 4th respondent.” 2. The learned Government Pleader, on instructions, submits that the registered owner of the vehicle has paid the tax for the quarter ending 31.12.2011 on 29.11.2011, after producing the clearance certificate. Standing counsel for the Executive Officer of the Kerala Motor Transport Workers Welfare Fund Board, Malappuram submits that he has no W.P(C) No. 31283 of 2011 -: 2 :- information regarding payment of arrears of contributions under the Kerala Motor Transport Welfare Fund Act in respect of the vehicle in question. Since the petitioner's grievance has been redressed, this writ petition is closed without prejudice to the right of the Executive Officer of the Kerala Motor Transport Workers Welfare Fund Board, Malappuram and Idukki to take appropriate proceedings against the vehicle and the person liable to pay contributions under the Act in respect of the said vehicle, for recovery of arrears of contributions, if any, pending. Sd./- S. Siri Jagan, Judge. Tds/