IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 24451 of 2008(J) -------------------------- PETITIONER(S): --------------- N.M.BALAN, MAROLI HOUSE, 23/371, P.O.TEMPLE GATE, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER, KANNUR. 2. THE JOINT REGIONAL TRANSPORT OFFICER, THALASSERY. 3. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS' WELFARE FUND BOARD, KANNUR. STANDING COUNSEL SRI. PAULSON C.VARGHESE GOVERNMENT PLEADER SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P.(C) NO. 24451 OF 2008 --------------------------------------- Dated this the 21st day of October, 2009. J U D G M E N T 1. The petitioner has approached this court seeking direction for acceptance of motor vehicle tax due with respect to the vehicle bearing No.KL13/N 1089, without insisting for production of no objection certificate from the third respondent. By virtue of an interim order dated 13.8.2009, the respondent 1 and 2 were directed to accept motor vehicle tax for the current quarter, upon condition of the petitioner paying contributions to the welfare fund for the period after the alleged date of transfer of the vehicle into the name of the petitioner, on a provisional basis. 2. Contention of the petitioner is that, he is liable only for payment of contributions to the welfare fund, from date of transfer of the vehicle, and with respect to the previous periods the previous owner is liable. Going by the amended provisions in the Motor Transport Workers' Welfare Fund Act, it is clear that arrears if any due towards the welfare fund is a charge on the vehicle. Therefore, the writ petition is disposed of making the interim order absolute, without prejudice to proceedings if any intended by the third respondent for realisation of arrears of welfare fund if any due, against the vehicle. C.K.ABDUL REHIM, JUDGE. pm