IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 29534 of 2009(J) ----------------------------------- PETITIONER(S): -------------------- 1. RAMESAN, S/O.PAPPU, 352-COLONY NUMBER 61, PURACKAD, ALAPPUZHA. 2. AJI, S/O.NADESAN, AJI BHAVAN, KARUKAPARAMBU, THOTTAPPALLY, ALAPPUZHA. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENT(S): --------------------- 1. THE REGIONAL TRANSPORT OFFICER, OFFICE OF THE REGIONAL TRANSPORT OFFICE, ALAPPUZHA. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS' WELFARE FUND BOARD, H.O.HARIPAD, ALAPPUZHA. STANDING COUNSEL MR.K.HARILAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 29534 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of October, 2009 J U D G M E N T 1. Petitioners 1 & 2 are registered owners of stage carriage vehicle bearing registration No.KL-9/N-4568 and KL-4/P-1690 respectively. As evidenced by Exts.P1 & P2 registration certificates, ownership of the vehicles were transferred into the name of the petitioners with effect from 25.08.2009 and 19.06.2009 respectively. Grievance of the petitioners is that the 1st respondent is not receiving Motor Vehicle Tax due with respect to the vehicles for the quarter ending on 31.12.2009, for the reason that the petitioners could not produce No-Objection Certificate obtained from the 2nd respondent evidencing payment of contributions to the Kerala Motor Transport Workers Welfare Fund. Contention of the petitioners is that they are liable for payment of contributions to the Welfare Fund only from the date of purchase of the vehicles and for the periods prior to W.P.(C)No. 29534 of 2009 -2- the purchase, the previous owners alone are liable. Hence the petitioners are seeking direction to the 1st respondent to receive the Motor Vehicle Tax without insisting for production of No-Objection Certificate from the 2nd respondent. 2. Heard, learned counsel appearing for the petitioner, standing counsel appearing for the 2nd respondent and Govt. Pleader for the 1st respondent. The standing counsel pointed out that after amendment of the provisions contained in the Kerala Motor Transport Workers Welfare Fund Scheme, with effect from 07.06.2005 onwards, there need not be any order of determination to be issued for collecting contributions due to the Welfare Fund. On the other hand, the employer of the motor transport undertaking is liable to pay contributions at the fixed rate based on the provisions of the scheme. Therefore it is contended that No-Objection Certificate cannot be issued without clearing the entire arrears based on the fixed rate of contributions. Learned standing counsel had W.P.(C)No. 29534 of 2009 -3- further pointed out that the provisions of Section 10 (2) of the Act provides that the transferee of a vehicle is liable to pay the amount due under the Act which accrued before the date of transfer and that such amount shall be a charge on the vehicle so transfered. Therefore it is contended that the petitioners are entitled to seek exoneration from the liability on the ground that the default was committed by the previous owners. 3. However, contention of the petitioners is that the previous owners of the respective vehicles are also liable for arrears if any, and there is no evidence as to whether they have paid the amounts for the periods prior to the transfer or not, needs examination. The 2nd respondent is at liberty to take coercive steps of recovery against the previous owners as well as the petitioners charged on the vehicle in view of Section 10 (2). Since no recovery steps have so far been initiated, I am of the opinion that the petitioners need not be denied of opportunity to ply the vehicle by remitting the Motor Vehicle Tax, if it is proved that they have already W.P.(C)No. 29534 of 2009 -4- paid the contributions to the Welfare Fund after the respective date of the purchase of the vehicles. 4. Therefore the writ petition is disposed of directing the 1st respondent to receive Motor Vehicle Tax due with respect to the vehicles of the petitioners, if evidence is produced to the effect that the petitioners have remitted payment of contributions to the Welfare Fund due from the respective date of transfer of the vehicles into their name. 5. It is made clear that acceptance of Motor Vehicle Tax pursuant to the above direction will be purely on provisional basis subject to the liberty of the 2nd respondent to initiate proceedings against the petitioners, or the previous owners of the vehicle or against the vehicles, for realisation of amounts if any due for the previous periods. C.K. ABDUL REHIM JUDGE shg/