IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 33579 of 2007(V) ----------------------------------------- PETITIONER(S): ------------------------- 1. MAHESH P.V., AGED 36, S/O.VELAYUDHAN, PUTHUVALSTHALATH HOUSE, VYPEEN, AZHEEKKAL P.O., ELAMKUNNAPUZHA, ERNAKULAM DISTRICT. 2. LALAN E.A., S/O.ANANDAN, AGED 50, EDAKKAT HOUSE, PUTHUVYPEEN P.O., ERNAKULAM DISTRICT, PIN - 652 808. 3. SALAHUDDIN.K.I., AGED 32, S/O.IBRAHIM, MOHAMMED MANZIL,KALIPARAMBIL HOUSE, KAITHARAM P.O., NORTH PARUR, ERNAKULAM DISTRICT. 4. SAJIN K.M., AGED 30, S/O.MOHAMMED, KALIPARAMBIL HOUSE, CHIRAYAM, PANAIKULAM P.O., NORTH PARUR, ERNAKULAM DISTRICT. 5. M.S.VIGI, AGED 31, W/O.SATHYAN, H.NO.8/277, MULLAPPARAMBATH HOUSE, NJARAKKAL. P.O., NORTH PARUR, ERNAKULAM DISTRICT. 6. MUJEEB RAHMAN, AGED 35, S/O.ABDUL HAKKIM, KALA-RIPARAMBIL HOUSE,11/225, VANIYAKKAD, MANNAM P.O., NORTH PARUR, ERNAKULAM. BY ADVS. MR.P.GOPALAKRISHNA MENON, MR.M.JITHESH MENON. RESPONDENT(S): --------------------------- 1. THE REGIONAL TRANSPORT OFFICER, (TAXATION OFFICER UNDER K.M.V.TAXATION ACT) CIVIL LINES, KAKKANAD, COCHIN - 21. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALARIVATTOM, COCHIN - 25. R1 BY GOVERNMENT PLEADER MR. RAMANATHAN.K.B. R2 BY ADV.MR.P.RAMAKRISHNAN, SC,KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33579/2007 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TEMPORARY PERMIT ISSUED IN RESPECT OF KL-42/6466 OF THE 1ST PETITIONER DTD. 3/11/07. P2: COPY OF THE TEMPORARY PERMIT IN RESPECT OF KL-42/6641 DTD. 3/11/07. P3: COPY OF THE TEMPORARY PERMIT IN RESPECT OF KL-9/J-7594 DTD. 2/11/07. P4: COPY OF THE TEMPORARY PERMIT IN RESPECT OF KL-07/AJ 8440 DTD. 16/10/07. P5: COPY OF THE REGULAR PERMIT ISSUED IN RESPECT OF KL-07/AJ 8440 DTD. 31/10/07. P6: COPY OF THE TEMPORARY PERMIT ISSUED IN RESPECT OF KL-7/AH 2463 DTD. 7/11/07. P7: TRUE EXTRACT OF THE REGISTRATION PARTICULAR IN RESPECT OF KL-7/Q 4005. P8: COPY OF THE KERALA MOTOR VEHICLES TAXATION ACT AMENDMENT 2005. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.33579 OF 2007 ------------------------------------------- Dated this the 11th day of February, 2010 JUDGMENT The petitioners are transferees of a stage carriage. It appears that there are liabilities towards the Motor Workers Welfare Fund even before such transfer. Though the petitioners contend that they are bonafide transferees ignorant of the liabilities which were there earlier, the first charge is on the vehicle. Under such circumstances, I do not find any ground to direct that the Board should first proceed against the previous owner. All that has to be done is that the first charge has to be enforced and if any further amounts have to be recovered, the Board will have to identify the person who had custody of the vehicle at the relevant time and then proceed against his assets and person. With this, the writ petition is ordered directing that recovery proceedings will be only in terms of what is stated above and would be done after giving effect to due credits. However, the recovery proceedings against the vehicle will stand WPC.33579/07 2 deferred for two months if the petitioners pay the entire amounts due to the fund within a period of 45 days enabling them to seek recovery from any person who would have been liable to pay such amounts. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.17/02.