IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 22469 of 2011(G) -------------------------- PETITIONER(S): --------------- JOSEPH.M.V, S/O.MATHEW, MUNDAKKAL HOUSE, MUNDAKUTTY P.O., WAYANAD. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT OFFICER, WAYANAD AT KALPETTA-673 121. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, MALAPPURAM-676 505. 3. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, WAYANAD AT KALPETTA-673 121. 4. FIROZ ALAVI, S/O.AHAMMAD HAJI, THAZHATH VEETTIL, O.K.MURI P.O., KOOTTALLUR, MALAPPURAM DISTRICT- 676 505. ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R2 SMT.K.G.SAROJINI FOR R4 MR.MOHAMMED RAFIQ, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.22469/2011 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF REGISTRATION CERTIFICATE BEARING REGN.NO.KL-03/N-3908 AFTER EFFECTING TRANSFER OF OWNERSHIP IN THE NAME OF THE PETITIONER. P2 : COPY OF INTERIM ORDER DATED 24/03/2010 IN WP(C) NO.9997/2010. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... WP(C) No.22469 of 2011 .................................................................... Dated this the 30th day of September, 2011. J U D G M E N T Ramachandran Nair, J. Petitioner is the purchaser of stage carriage bearing Regn.No.KL-03/N-3908 from the 4th respondent. The vehicle is in arrears of motor transport workers welfare fund, which is stated to be under challenge. The petitioner's case is that the vehicle was under court custody and therefore the demand raised for the period during which the vehicle was under court custody is not payable. Even though the ground is legally tenable we do not think we can settle this issue in writ proceedings. We have to therefore order adjudication of the matter by the Executive Officer of the Welfare Fund. Learned Standing Counsel for the Welfare Fund submitted that if adjudication is not over, final adjudication will be made without any delay after hearing the previous owner also, who is the 4th respondent. The 4th respondent had given an WP(C) No.22469/2011 2 undertaking in Court to remit Rs.12,600/- which was recorded by the learned Single Judge in the interim order passed in the WP(C), which order was separately challenged by the petitioner in the Writ Appeal, which is closed as infructuous. 2. Since there is statutory charge of the welfare fund dues of workers on the vehicle, the vehicle could be attached and sold in recovery proceedings. Further acceptance of tax and issuance of permit also will be only on getting clearance certificate from the Motor Transport Workers Welfare Fund. In view of the position as above, we dispose of the WP(C) as follows:- (1) On payment of Rs.12,600/- either by the petitioner or by the 4th respondent, the 2nd respondent will issue receipt for the same and on production of the same, the 1st respondent will receive tax for this quarter and permit operation of the vehicle for a period of two months. (2) Within a period of three months' time, the 2nd respondent will examine the contentions raised by the 4th respondent as WP(C) No.22469/2011 3 well as by the petitioner and determine the final liability due towards motor transport workers welfare fund and issue proceedings to the petitioner and the 4th respondent for them to clear the balance arrears. (3) On payment of the balance arrears, if any, due the 2nd respondent will issue final clearance certificate for the petitioner to produce before the 1st respondent who on production of clearance certificate will accept tax and allow operation of the vehicle after this quarter. This Writ Petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg