IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 22695 of 2010(J) -------------------------------------- PETITIONER: ------------------- KAMALANETHRAN, AINIKKUNNATH HOUSE, KOORKKANCHERY P.O.,THRISSUR. BY ADV. SRI.I.DINESH MENON. RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT OFFICER, TAXATION OFFICER,THRISSUR. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOLLAM. 3. KHALID A., S/O.ABDUL HAMEED,140,BISMILLAA HOUSE, KALAKKODU,POOTHAKULAM P.O.,PARAVOOR, KOLLAM-691 301. R1 BY GOVT. PLEADER SRI. BEJOY CHANDRAN, R2 BY ADV. SRI. K. HARILAL, S.C, ADV. SRI.D.SAJEEV BABU, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J --------------------------- W.P(C) No.22695 of 2010-J ---------------------------- Dated this the 29th day of September, 2010. J U D G M E N T Prayer in this writ petition is for a direction to the first respondent to accept motor vehicles tax with respect to stage carriage bearing No.KL-2 G 7117, due for the quarter ending on 30.9.2010 and for the ensuing quarters, without insisting on production of No-Objection Certificate from the second respondent as proof for payment of contribution due to the welfare fund. According to the petitioner, he is not liable to pay contributions due for any period anterior to 6.6.2008; because he had purchased the vehicle only with effect from that date. 2. Through an interim order, dated 21.7.2010, the first respondent was directed to accept motor vehicle tax for the present quarter without insisting on proof regarding payment of contributions, subject to condition of the petitioner remitting contributions due for the periods subsequent to the date of transfer and further subject to the petitioner undertaking through an affidavit that he will not part with ownership or possession of the vehicle or will not cause any damage to the vehicle. W.P(C) No.22695 of 2010-J 2 3. I am of the opinion that the writ petition can be disposed of making the interim order absolute with respect to acceptance of tax for the ensuing quarters also, reserving liberty to the second respondent to realise contributions if any in arrears with respect to the periods anterior to 6.6.2010. It is also noticed that going by provisions contained in the Kerala Motor Workers Welfare Fund Act, there will be a charge on the vehicle with respect to amounts due to the welfare fund. Therefore the second respondent will be at liberty to take steps as permitted under law for realisation of the arrears if any due from the previous owner, charged on the vehicle. 4. On the basis of the undertaking now submitted by the petitioner, the writ petition is disposed of making the interim order absolute with observations as stated above. The first respondent will accept motor vehicle tax dues with respect to future periods, subject to condition of the petitioner producing proof of payments to the welfare fund on the appropriate dates, except the amounts due for the periods anterior to 6.6.2008. Sd/- C.K.ABDUL REHIM JUDGE ab //True Copy//