IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 18724 of 2010(M) ---------------------------------- PETITIONER(S): ------------------- CHANDRAHASAN, S/O.KALYANI, VELLILAMPULLI PARAMBIL, THRIKKANAPURAM, THAVANOOR, MALAPPURAM DISTRICT. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT OFFICER, MALAPPURAM-676 505. 2. THE EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, MALAPPURAM-676 505. 3. RAMACHANDRAN, S/O.KESAVAN NAMBIAR, MUKKADAKKATTU NAYAKATH HOUSE, KOLOLAMBA P.O., MALAPPURAM DISTRICT-676 505. R1 BY SR GOVT.PLEADER SRI.MATHEW GEORGE VADAKKEL R2 BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS. WPC.NO.18724/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION OF VEHICLE BEARING REGISTRTATION NO.KL-10C-4881 AFTER EFFECTING TRANSFER OF OWNERSHIP IN THE NAME OF THE PETITIONER. P2: COPY OF THE PROCEEDINGS GRANTING PERMIT FOR 5 YEARS IN THE NAME OF THE PETITIONER WITH RESPECT TO THE VEHICLE MENTIONED IN EXHIBIT P1. P3: COPY OF THE RECEIPT EVIDENCING PAYMENT OF CONTRIBUTION TOWARDS KMTWWF RELATING TO THE VEHICLE NO.KL-10C-4881 DATED 04/05/2009. P4: COPY OF THE RECEIPT EVIDENCING PAYMENT OF CONTRIBUTION TOWARDS KMTWWF RELATING TO THE VEHICLE NO.KL-10C-4881 DATED 18/12/2009. P5: COPY OF THE NO. OBJECTION CERTIFICATE ISSUED FROM THE SRTO, PONNANI ON 02/01/2010 RELATING TO VEHICLE NO.KL-10C-4881. P6: COPY OF THE INTERIM ORDER DATED 11/02/2010 PASSED IN WPC NO.3330/2010 IN AN INDENTICAL CASE. /TRUE COPY/ P.A. TO JUDGE SVS. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 18724 of 2010-M ---------------------------- Dated this the 17th day of August, 2010. J U D G M E N T The learned counsel for the petitioner and the learned Government Pleader submit that the issue is covered by Ext.R2(b) judgment in W.P(C) No.33579 of 2007. Following similar course as provided under Ext.R2(b) judgment, the recovery proceedings against the vehicle bearing No.KL-10C-4881 of the petitioner will stand deferred for a period of two months, if the petitioner pays the entire due amount to the Welfare Fund within a period of 45 days. The petitioner will be at liberty to proceed with appropriate steps for getting due amount recovered from the concerned person in respect of the disputed period, if the same is sustainable in view of the factual and legal position. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// ab P.A to Judge