IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 3486 of 2008(M) ------------------------- PETITIONER: ------------- MUJEEB K., S/O. ABOOBACKER, MUBEENA MANZIL, P.O.ARALAM, KANNUR DIST. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: ---------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR. 2. THE EXECUTIVE OFFICER, KERALA MOTOR THOZHILALI KSHEMA NIDHI BOARD, KANNUR. 3. THE R.T.O., TELLICHERY. BY GOVERNMENT PLEADER, SRI.I.V.PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------- W.P(C) No. 3486 OF 2008 ----------------------------------- Dated this the 30th day of January, 2008 JUDGMENT Petitioner submits that in respect of the welfare fund dues that are to be paid to the 2nd respondent, installment facility has been granted by Exts.P2 and P3 judgments. It is submitted that in compliance with Exts.P2 and P3, installments also are being paid and Exts.P4 and P5 are the receipts referred to in this context. Now, it is submitted by the petitioner that since he has been granted installment facility and as he is complying with such payments, the 2nd respondent be directed to issue clearance certificate entitling him to pay tax to the 3rd respondent. 2. I am not in a position to accept this plea of the petitioner. Though the petitioner has been granted installment facility to pay the amount due to the 2nd respondent, but that order cannot be taken to defeat the provisions of the Welfare Fund Act and the Motor Vehicle Taxation Act which require payment of the entire dues for issuing clearance certificate. However, having regard to the facts of this case, I direct that if the petitioner furnishes bank guarantee for the entire amount WPC No. 3486 of 2008 2 due in respect of which installment facility has been granted by Exts.P2 and P3 to the satisfaction of the 2nd respondent, the 2nd respondent will issue a clearance certificate as required by the petitioner. The Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE btt WPC No. 3486 of 2008 3