IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 23567 of 2009(M) -------------------------- PETITIONER: --------------- U.NARAYANAN, SUNITHA NIVAS, P.O.MORAZHA KANNUR DIST. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENTS: --------------- 1. THE JOINT ROAD TRANSPORT OFFICER THALIPARAMBA, KANNUR DIST. 2. THE ROAD TRANSPORT OFFICER, KANNUR DISTRICT. BY SR. GOVERNMENT PLEADER ADV. MR. P.K. BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 23567 OF 2009 ......................................................................... Dated this the 18th August, 2009 J U D G M E N T The grievance of the petitioner is with regard to non acceptance of the tax due under the Kerala Motor Vehicles Taxation Act in respect of the vehicle bearing No. KL.11/Q- 1611, for want of production of proof regarding remittance of the contribution towards the Kerala Motor Workers Welfare Fund in respect of the employees stated as engaged by the petitioner. 2. The learned Counsel for the petitioner submits that the issue is actually pending consideration in W.P(c) 1676 of 2005 and there is already an interim order as borne by Ext. P1. The present Writ Petition has been necessitated only because of the fact that the first respondent refused to accept the tax stating that Ext.P1 order was only in respect of the situation prevailed on the date of the said order, i.e., on 16.02.2005. W.P.(C) No. 23567 OF 2009 2 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, there will be a direction to the first respondent to accept the tax in respect of the vehicle bearing No. KL.11/Q-1611, without insisting for clearance from the Kerala Motor Workers Welfare Fund Board, subject to the finalisation of the issue stated as pending in W.P. (C) 1676 of 2005. The Writ Petition is disposed of . P.R. RAMACHANDRA MENON, JUDGE. lk