IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 16605 of 2010(A) ----------------------------------------- PETITIONER(S): ------------------------- SHIYAS, S/O.YOUSEF, THURUTHIKAPPALLY HOUSE, PANAVALLY VILLAGE, CHERTHALA. BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------------------- 1. THE REGIONAL TRANSPORT OFFICER, (TAXATION OFFICER), ALAPPUZHA. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. 3. HUSSEIN, S/O.AZEES, PALACKAL HOUSE, VADAKKEKKARA VILLAGE, NORTH PARUR. R1 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN R2 BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J. -------------------------------------- W.P.(C) No.16605 OF 2010 ------------------------------------- Dated this the 16th day of August, 2010 J U D G M E N T ~~~~~~~~~~~ The petitioner has approached this court with the following prayers: “(i) Issue a writ in the nature of mandamus or such other writ, order or direction commanding the 1 st respondent to accept motor vehicles tax in respect of stage carriage bearing registration number KL-05/M 5524 for the QE 30/06/2010 and all ensuing quarters without insisting on production of a no objection certificate (NOC) from the 2 nd respondent certifying remittance of welfare fund dues by the 3 rd respondent for the period anterior to 18.2.2010, the date of sale of the vehicle to the petitioner. (ii) Issue a writ in the nature of mandamus or such other writ, order or direction commanding the 2 nd respondent to take all appropriate steps for the assessment and recovery of welfare fund dues from the 3 rd respondent for the period anterior to 18.2.2010, the date of sale of the vehicle to the petitioner.” W.P.(C) No.16605/2010 2 2. When the matter came up for consideration before this Court on 31.5.2010 along with the connected cases, the following order was passed: “The 1 st respondent is directed to accept motor vehicles tax in respect of the vehicles (namely KL 07/BB 1800 in W.P.(C)16593/2010, KL-05/M5524 in W.P.(C) 16605/2010 and KL- 07/AY 3376) in respect of the present quarter without insisting for the NOC as to the clearance of the Welfare Fund dues in respect of the vehicles in question.” 3. The 2nd respondent has filed a statement explaining the actual facts and figures and referring to the relevant provisions of law, also producing a copy of the judgment passed by this Court in W.P.(C) 33579/2007 as Ext.R2(a), whereby the legal question was made clear holding it against the petitioners; however, permitting the parties concerned to clear the liability as prescribed therein. The learned counsel for the petitioners concedes that the matter is squarely covered against them by virtue of Ext.R2(a) verdict and prays for the relief to the extent as granted by this Court as per the aforesaid verdict. W.P.(C) No.16605/2010 3 4. In the above circumstances, pursuing a similar course, the recovery proceedings are directed to be kept in abeyance for a period of two months, if the entire amount due is discharged by the petitioners within a period of 45 days. This is without prejudice to the rights and liberties of the petitioners to have the due amount recovered from the persons concerned, if any such right exists, in accordance with law. The Writ Petition is disposed of as above. (P.R.RAMACHANDRA MENON, JUDGE) ps/18/8