IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 17040 of 2009() ------------------------- PETITIONER: --------------- K.C.VARKEY,KUNNATHOOR HOUSE, ALAPURAM, ELANIJI P.O. BY ADV. SRI.THOMAS K.C.KUNNATHOOR RESPONDENTS: --------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOTTAYAM. 2. CYRIAC P.ALEX, PULAVELIL HOUSE, MULKULAM NORTH,ERNAKULAM DISTRICT. BY SC, SRI.P. RAMAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.17040 of 2009 -------------------------- Dated this the 30th June,2009 J U D G M E N T Heard learned counsel for the petitioner and learned standing counsel for the 1st respondent. 2. Petitioner operates a regular stage carriage on the route Thiruvarupu-Ernakulam. The route was being serviced by the 2nd respondent. To replace the earlier vehicle KL-5C/5670, he purchased a later model vehicle bearing Reg.No. KL 17A/7576. Petitioner purchased the vehicle and permit from the 2nd respondent on 14.6.2005. On 27.5.2009 petitioner agreed to sell the vehicle to a third party. Thereupon, he purchased a new vehicle bearing Reg.No.KL17A/6177 and is operating Exhibit-P2 regular permit with the said vehicle. In the meanwhile, petitioner sought for a No Objection Certificate to transfer the vehicle bearing Reg.No.KL17A/7576. This has not been granted by the 1st respondent and hence the writ petition. W.P ( C) No.17040 of 2009 2 3. Petitioner submits that pursuant to the direction issued by the 1st respondent the entire contribution under the Welfare Fund Act in respect of the vehicle sought to be transferred for the period up to 31.5.2009 has been remitted. 4. Learned standing counsel for the 1st respondent submits that there are amounts due from the 2nd respondent under the Welfare Fund Act for the period 2002-2003 and 2003-04 that is prior to the amendment of the Welfare Fund Act. Steps have to be taken to recover the same from the person who had operated the vehicle during the relevant time. Learned standing counsel submits that such steps will be taken as well. But there is no reason to deny an NOC. The same shall be granted within three weeks from the date of receipt of a copy of this judgment after considering the request in Exhibit-P3. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.17040 of 2009 3 W.P ( C) No.17040 of 2009 4