IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 22815 of 2009(V) -------------------------- PETITIONER: --------------- RAMLATH, W/O.MAMMAD KOYA, 9/357/A, RASEENA MANZIL, ARAKKINAR P.O., KOZHIKODE. BY ADV. SRI.M.A. FAYAZ RESPONDENTS: --------------- 1. THE REGIONAL TRANSPORT OFFICER, KOZHIKODE. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, KOZHIKODE. 3. SHOBA GOPALAN K.P., PUSHPAGIRI HOUSE, PAZHURATHUR P.O., SULTHAN BATHERI. R1 BY GOVERNMENT PLEADER ADV. MR. P.K. BABU. R2 BY ADV. MR. P. RAMAKRISHNAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 22815 OF 2009 ......................................................................... Dated this the 11th August, 2009 J U D G M E N T The case of the petitioner is, whether the liability cast upon the employer of the vehicle in question would contemplate and attract the liability of the previous owner, who was operating the vehicle, with regard to the contribution to be effected to the Kerala Motor Transport Workers' Welfare Fund. 2. It is the case of the petitioner that, prior to the purchase of the vehicle concerned, it was owned, possessed, enjoyed and operated by somebody else. When the petitioner approached the authorities under the Motor Vehicles Department for clearing the tax liability, the same was not accepted, stating that the petitioner had to produce proof regarding satisfaction of the entire liability towards the Kerala Motor Transport Workers' Welfare Fund. Even though the petitioner expressed her willingness to discharge the liability from the date of purchase of the vehicle, the said course was not acceptable to the departmental authorities, who insisted that the entire outstanding dues towards the Kerala Motor W.P.(C) No. 22815 OF 2009 2 Transport Workers' Welfare Funds has to be cleared as a pre-requisite to accept the tax from the petitioner, which hence is subjected to challenge by filing the present Writ Petition. 3. The learned counsel for the petitioner brought it to the notice of this Court that, the issue is squarely covered by judgment dated 04.04.2008 in W.P.(C) No.11507 of 2008 and the judgment dated 30.07.2009 in W.P. (C) 38230 of 2008. As per the former decision, this Court held that, the department could very well accept the tax in respect of the period in question, until the liability was adjudicated by the statutory authority; towards the Kerala Motor Transport Workers' Welfare Fund. As per the above verdicts, the statutory authority was directed to conduct an enquiry as to the position with regard to the actual employer, who satisfied the definition under Section 2 (e) of the Kerala Motor Transport Workers' Welfare Fund Act and to have the matter finalized accordingly, giving an opportunity of hearing to the all concerned. 4. After hearing both the sides including the learned standing counsel appearing on behalf of the District Executive Officer, Kerala Motor Transport Workers' Welfare Fund Board and the learned Government Pleader appearing for the first respondent, the matters is disposed of, directing the concerned District Executive Officer, Kerala Motor Transport W.P.(C) No. 22815 OF 2009 3 Workers' Welfare Fund, to finalize the proceedings and to find out the 'actual employer' of the concerned vehicle in respect of the previous period, after giving an opportunity of hearing to the petitioner as well as to the prior owner of the vehicle in question; as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. It is also made clear that, the concerned Regional Transport Officer can very well accept the tax from the petitioner in respect of the quarter commencing from the 1st of October, 2009 and that the same shall be subject to the final orders to be passed by the concerned District Executive Officer, Kerala Motor Transport Workers Welfare Fund Board, as stated herein before. The Writ Petition is disposed of accordingly. P.R. RAMACHANDRA MENON, JUDGE. lk