IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 W.A.No. 374 of 2008 ---------------------------- AGAINST THE JUDGEMENT IN WPC.1989/2008 DATED 16/01/2008 .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. T.K. RADHAKRISHNAN, PROPRIETOR, M/S. KEERTHY CULTURAL & CATERING, RANJINI APARTMENTS, PUTHUSSERY CHERUTHURUTHY-679531, THRISSUR DISTRICT. 2. K.T. PRASANNA, PROP. M/S.SANGEETHA CULTURAL & CATERING SERVICE 5/47, SHILPA COMPLEX, PUTHUSSERY CHERUTHURUTHY, THRISSUR DISTRICT. BY ADV. SRI.G.HARIHARAN RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. JOINT REGIONAL TRANSPORT OFFICER WADAKKANCHERRY. 2. DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, THRISSUR. R1 B Y SR.GOVERNMENT PLEADER MR.MOHAMMED RAFIQ R2 BY STANDING COUNSEL SMT.I.SHEELADEVI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ W.A.No.374 of 2008 ------------------------------------------ Dated, this the 21st day of February, 2008 JUDGMENT H.L.Dattu, C.J. Petitioners in W.P.(C) No.1989 of 2008 are the appellants in this writ appeal. They are calling in question the correctness or otherwise of the orders passed by the learned Single Judge in W.P.(C) No.1989 of 2008 dated 16th January, 2008. By the impugned order the learned Judge has declined to grant the relief sought for by the petitioners in the writ petition. 2. The main grievance of the appellants before us is that the Joint Regional Transport Officer, Wadakkancherry is not justified in not accepting the tax due under the provisions of the Kerala Motor Vehicles Taxation Act in the absence of an appropriate certificate being issued by the District Executive Officer, Kerala Motor Transport Workers Welfare Fund, Thrissur. It is their further case in the writ petition that they had approached the District Executive Officer by filing Ext.P5, inter alia, requesting them to give a certificate to the effect that the petitioners are not liable to pay any contribution under the provisions of the Kerala Motor Transport Workers Welfare Fund Act. Since the representation made in Ext.P5 is not considered by the authorities and since the petitioners are intending to pay the tax due under the provisions of the Kerala Motor Vehicles Taxation Act, the petitioners are before us. 3. According to the petitioners, they are not liable to pay any contribution under the provisions of the Kerala Motor Transport Workers Welfare Fund Act in view of Ext.P4 notification issued by the State Government dated 26th November, 2005. Therefore, the Joint Regional Transport Officer cannot insist upon the W.A.No.374 of 2008 2 production of the certificate from the District Executive Officer, Kerala Motor Transport Workers Welfare Fund. Their assertion is disputed by the learned counsel appearing for the contesting respondent. The respondents have not even filed their counter affidavit. In the absence of proper pleadings before us, it may not be possible to answer the issue raised before us. Therefore, the only course open to us is to direct the second respondent District Executive Officer, Kerala Motor Transport Workers Welfare Fund, to consider Ext.P5 representation filed by the petitioners and pass a reasoned order after affording a reasonable opportunity of hearing to the petitioners/appellants. 4. In view of the above, without going into the other details of the case, this writ appeal is disposed of with a specific direction to the second respondent to consider Ext.P5 representation filed by the petitioners dated 5.1.2008 in accordance with law and in the light of Ext.P4 notification issued by the State Government dated 26th November, 2005 and pass a reasoned order after affording a reasonable opportunity of hearing to the petitioners/appellants, as expeditiously as possible, at any rate within a month's time from today without being influenced by any one of the observations made by the learned Single Judge while disposing of the writ petition. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns/DK