IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 15132 of 2010(N) ---------------------------------------- PETITIONER(S): --------------------------- A.D.DAVIS, W/O.DEVASSYKUTTY, ALUKKAL HOUSE, CHENGAL, KALADY P.O., ERNAKULAM DISTRICT. BY ADV. SRI.G.HARIHARAN RESPONDENT(S): ---------------------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORERS WELFARE FUND BOARD, ERNAKULAM DISTRICT. 2. JOINT REGIONAL TRANSPORT OFFICER, ALUVA, ERNAKULAM DISTRICT. R1 BY ADV. SRI. P.RAMAKRISHNAN, SC R2 BY SR. GOVERNMENT PLEADER SRI. K.S. MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15132/2010 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION CERTIFICATE NO.KL-7/AP 9624. P2: COPY OF THE INTERIM ORDER MADE IN WPC.NO.10439/2010 DTD. 29/03/2010 BY THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J. ---------------------- W.P.(C) No.15132 OF 2010 --------------------------- Dated this the 21st day of May, 2010 J U D G M E N T ~~~~~~~~~~~ The petitioner is the registered owner of a 2003 model Eicher Lorry bearing Registration No.KL-7AP-9624. The petitioner has defaulted payment of Welfare Fund contributions from 31.3.2009 under the Kerala Motor Transport Workers Welfare Fund (herein after referred to as 'KMTWWF'). The petitioner has decided to lease out the vehicle to a private company for regular operations, with the object of earning a regular income. According to the petitioner, he is not in a position to clear off the arrears due to the Welfare Fund contributions in a lump. The petitioner is ready to make payment of the contribution due for the current quarter and requested for permission to pay the amount that is remaining in default, in instalments. I have also heard Mr.P.Ramakrishnan, who appears for the 1st respondent. 2. In the above circumstances, this Writ Petition is disposed of directing the petitioner to pay the arrears due in W.P.(C) No.15132/2010 2 respect of the current quarter towards the KMTWWF and further directing the petitioner to pay the amount that is remaining in default, in five equal monthly instalments commencing from 15.6.2010. The subsequent instalments shall be paid on the 15th of each succeeding month thereafter. In the event of there being default in payment of the instalments in accordance with the above stipulations, the 1st respondent will be free to proceed against the petitioner for recovery of the amount due, in accordance with law. (K.SURENDRA MOHAN, JUDGE) ps