IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 7538 of 2010(N) ------------------------- PETITIONER(S): --------------- ASHRAF.M, S/O.MAMMU, CHUZHALI AMSOM DESOM, THALIPARAMBA, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SRI.JIMMY.N.JOSEPH SMT.R.LEELA RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KANNUR DISTRICT, COLLECTORATE, KANNUR. 2. THE SPECIAL DEPUTY TAHSILDAR (RR), THALIPARAMBA TALUK, TALUK OFFICE, THALIPARAMBA, KANNUR. 3. THE VILLAGE OFFICER, PAYYAVOOR VILLAGE, THALIPARAMBA TALUK, KANNUR. 4. THE MOTOR TRANSPORT WORKERS WELFARE FUND OFFICER, KANNUR DISTRICT, YOGASALA ROAD, KANNUR. 5. SHAJI AUGUSTINE, PANTHALANKAL, VENNAYAKADAVU, POST PAYYAVOOR, KANNUR. * [ 6. PULIKOOL MOIDEENKUTTY, KULIYAPURAM, KUTTUR, KANNUR. ] 7. P.M.JOSE, S/O.MATHEW, PULINGOME AMSOM DESOM, THALIPARAMBA, KANNUR. * (THE 6TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER IN IA.NO.9605/2010 DT 14-07-2010) BY ADV. SRI.P.BABU FOR R5 GOVERNMENT PLEADER SRI.BIJOY CHANDRAN SRI.PAULSON C.VARGHESE, SC FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ``````````````````````````````````````````````````````` W.P.(C) No. 7538 of 2010 N ``````````````````````````````````````````````````````` Dated this the 15th day of July, 2010 J U D G M E N T The petitioner is challenging the action on the part of the revenue authorities for realising the amount allegedly due from the petitioner towards the Kerala Motor Transport Workers' Welfare Fund in respect of the stage carriage bearing No.KL-13M- 8016. The case of the petitioner is that the vehicle originally belonged to the fifth respondent, who was the defaulter in respect of the relevant period 2003 to 2006 and that the vehicle came to the hands of the petitioner only on 20-01-2009 by virtue of Ext.P1 agreement executed between the petitioner and the 7th respondent, the 7th respondent having purchased the same from the fifth respondent, through the 6th respondent. The learned counsel for the petitioner submits that the petitioner is ready and willing to satisfy the liability ever since he became the owner of the vehicle on 20-01-2009 and that he is not liable to satisfy the liability in respect of the period from 2003 to 2006 contending that it is for the authorities concerned to proceed against the concerned defaulter and not against the petitioner. WPC.7538/2010 : 2 : 2. The learned Government Pleader appearing for respondents 1 to 3 submits, with reference to the contents of the statement filed before this Court, that the registered owner of the vehicle was none other than the fifth respondent, against whom the recovery proceedings have been initiated and pursued. The actual amount in default was Rs.44,403/- and on remittance of a sum of Rs.20,000/-, a sum of Rs.19,047/- was adjusted in respect of the welfare fund dues and a sum of Rs.953/- towards the collection charges, stating that only the balance amount is due to be cleared in respect of the above cause of action. It is also brought to the notice of this Court that by virtue of the amendment to the statutory provision under Section 10(2) of the Act, there is always a charge against the vehicle and since the petitioner admits that he is the owner of the vehicle as on date, and he is possessing and operating the vehicle, the charge is still continuing. 3. In the above circumstances, the petitioner is directed to satisfy the outstanding liability by way of 'two' equal monthly instalments, the first of which shall be paid on or before the 30th of WPC.7538/2010 : 3 : this month and the next instalment to be paid on or before the 30th of the next month. This will be without prejudice to the rights and liberties of the petitioner to proceed against the actual defaulters, by way of appropriate proceedings before the appropriate forum. The writ petition is disposed of as above. (P.R. RAMACHANDRA MENON, JUDGE) aks