IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 1284 of 2011(I) ----------------------------------- PETITIONER(S): ----------------------- SHANAVAS, AGED 35 YEARS, SON OF ALI, PALLATH HOUSE, FERRY ROAD, NORTH KALAMASSERY-683104. BY ADVS. SRI.P.M.MUJEEB REHIMAN SMT.M.M.JASMIN SRI.SHIRAS ALIYAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, THIRUVANANTHAPURAM, PIN-695001. 2. KERALA MOTOR TRANSPORT LABOUR WELFARE BOARD, KOLLAM, REP. BY ITS SECRETARY, CHIEF EXECUTIVE OFFICER, P.O.BOX NO.172, THAMARAKKULAM P.O., KOLLAM-691001. 3. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT LABOUR WELFARE BOARD, S.R.M.ROAD, LISSIE JUNCTION, KOCHI-682018. 4. REGIONAL TRANSPORT OFFICER, COLLECTORATE BUILDING, KAKKANAD, ERNAKULAM-682030. R1 & R4 BY GOVT. PLEADER SRI.M.A.ASIF R2 & R3 BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 1284 OF 2011 -------------------------- Dated this the 21st day of January, 2011 J U D G M E N T The petitioner is the owner of two heavy goods vehicles bearing registration Nos.KRK 7332 and KL-11E-7456. The goods carriage permits issued in respect of the sand vehicles expired in the year 2008 and 2009 respectively. It appears that the petitioner was paying the contributions to the Kerala Motor Transport Workers Welfare Fund till 2005. Thereafter, he defaulted payment. Recently he took steps to renew the goods carriage permits in respect of the said vehicles which required payment of arrears of motor vehicles tax and production of fitness certificates. Under the provisions of section 8A of the Kerala Motor Transport Workers Welfare Fund Act as amended, the petitioner has to produce a No Objection Certificate from the Kerala Motor Transport Workrs Welfare Fund Board for remitting motor vehicles tax. This writ petition is filed seeking such a No Objection Certificate after receiving the amount if any due from the petitioner towards the welfare fund. WPC No.1284/2011 2 2. A statement dated 20.1.2011 has been filed on behalf of the learned standing counsel appearing for the second respondent. It is stated that the petitioner had defaulted payment of contribution to the Motor Transport Workers Welfare Fund from June 2005 and that during the period from June 2005 to December 2010 (both months inclusive) the sum of Rs.24,800/- is due from the petitioner by way of contribution in respect of each vehicle. It is submitted that if the petitioner pays the said amount, the third respondent will issue a No Objection Certificate to the petitioner to facilitate payment of motor vehicles tax. 3. Under section 8A of the Kerala Motor Transport Workers Welfare Fund Act, the petitioner can pay the motor vehicles tax only upon production of a certification from the third respondent to the effect that no amount is due to him to the Kerala Motor Transport Workers Welfare Fund. In the light of the statutory provisions, the petitioner cannot pay motor vehicles tax unless he clears the arrears of contribution payable to the WPC No.1284/2011 3 Kerala Motor Transport Workers Welfare Fund. Though the learned counsel appearing for the petitioner prayed for an opportunity to pay the amounts in instalments, in view of the statutory provisions, I am of the opinion that no such relief can be granted to the petitioner. I accordingly dispose of this writ petition with a direction that in the event of the petitioner paying the arrears of contribution in respect of each of his vehicles, respondents 2 and 3 shall issue No Objection Certificates to the petitioner in respect of the vehicles. P.N.RAVINDRAN, (JUDGE) vps WPC No.1284/2011 4 WPC No.1284/2011 5