IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 27673 of 2011(H) ------------------------------------ PETITIONER(S): ----------------------- HAR CARS (P) LTD, HAR AVENUE, KANNOTHUMCHAL, KANNUR - 670 001 REPRESENTED BY ITS MANAGING DIRECTOR, MR.P.V.MOHAMMED EQUBAL BY ADVS. SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S): ------------------------- 1. THE REGIONAL TRANSPORT OFFICER, TAXATION, KANNUR - 1. 2. THE DISTRICT EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KANNUR - 1. 3. THE GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR DEPARTMENT, TRIVANDRUM - 695 001. 4. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM - 695 001. R1, R3 & R4 BY GOVERNMENT PLEADER SMT.P.A.REZIYA R2 BY ADV.SRI. NAVEEN T. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.27673/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE OF REGISTRATION. EXT.P2: COPY OF THE PERMIT ISSUED BY MOTOR VEHICLES DEPARTMENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.27673 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2011 J U D G M E N T The petitioner challenges refusal on the part of the 1st respondent to accept motor vehicle tax in respect of the petitioner's goods carriage vehicle bearing registration No.KL-13-T-8569 insisting on production of clearance certificate from the 2nd respondent. On 19.10.2011, I passed the following order: “Admit. Government Pleader takes notice for respondents 1, 3 and 4. Standing Counsel takes notice for the 2nd respondent. The 2nd respondent shall issue a notice to the petitioner for deciding the question as to whether the petitioner is liable to be registered under the Motor Transport Workers Welfare Fund Act and Scheme, within one week. The petitioner shall file his objections to the same within another week. Final orders after hearing the petitioner shall be passed within another two weeks therefrom. In the meanwhile, the 1st respondent shall accept motor vehicle tax in respect to the petitioner's vehicle, without insisting on clearance certificate from the Motor Transport Workers Welfare Fund, for the current quarter. Post after a month.” The Standing Counsel for the 2nd respondent now submits before me that, an order has been passed on 16.11.2011 finalising the assessment. Therefore the writ petition is W.P.(C)No.27673 of 2011 -2- disposed of without prejudice to the right of the petitioner to pay motor vehicle tax after paying the amounts now assessed as payable under the Kerala Motor Transport Workers Welfare Fund Act and producing clearance certificate before the 1st respondent. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/