IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 15436 of 2011(D) ---------------------------------- PETITIONER(S): ------------------- UMMER THAYYIL, S/O. MOIDEEN HAJI, 2/110, THAYYIL HOUSE, EDAPPATTA.P.O, MELATTUR, VIA PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENT(S): --------------------- 1. JOINT REGIONAL TRANSPORT OFFICER, PERINTHALMANNA - 679 322. 2. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WELFARE WORKERS FUND, KOZHIKODE, PIN - 673 001. 3. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WELFARE WORKERS FUND, MALAPPURAM - 676 505. 4. BANK OF INDIA, CALICUT BRANCH, 31/103, SILK STREET, KOZHIKODE, REPRESENTED BY ITS CHIEF MANAGER, PIN - 673 001. R1 TO R3 BY GOVT.PLEADER SRI.MATHEW GEORG E VADEKKEL R4 BY ADV. SRI.T.NAVEEN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 15436/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION CERTIFICATE OF BUS NO.KL-57-639. P2: COPY OF THE CLEARANCE CERTIFICATE DATED 24/09/2010 ISSUED BY THE REGIONAL TRANSPORT OFFICE, KOZHIKODE. P3: COPY OF THE REQUEST DATED 06/07/2010 MADE BY THE 4TH RESPONDENT BEFORE THE REGIONAL TRANSPORT OFFICER, KOZHIKODE. P4: COPY OF THE INTERIM ORDER MADE ON 24/03/2010 IN WPC. NO.9997/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.15436 of 2011 ------------------------------- Dated this the 9th day of June, 2011. J U D G M E N T The petitioner had purchased a stage carriage bearing registration No.KL-57-639 from the 4th respondent. Ownership of the said vehicle was transferred into the name of the petitioner, as evident from Ext.P1 certificate of registration, with effect from 24.9.2010. Grievance of the petitioner is that, the 1st respondent is refusing to accept motor vehicle tax due with respect to the vehicle in question, insisting upon production of 'no objection certificate' from the 2nd respondent, evidencing payment of contributions due to the Kerala Motor Transport Workers Welfare Fund. 2. Contention of the petitioner is that, arrears if any due with respect to contributions payable to the Welfare Fund need be recovered from the previous owner and that the petitioner is in no way liable for payment of such arrears. However, the petitioner concede that he is liable for payment of contributions due from the date of purchase 2 W.P.(C).No.15436 of 2011 onwards. It is contended that the 2nd respondent has not taken any steps to quantify the arrears if any due or to fix up the liability on the person who had defaulted such payment. But due to the non-acceptance of the tax the petitioner is prevented from plying the vehicle, and thereby the petitioner is put to severe prejudice, is the contention. 3. Heard ; standing counsel appearing for the 2nd respondent. It is submitted that, an amount of more than Rs.35,000/- is in arrears towards contributions due to the Welfare Fund, which pertains to the period prior to the purchase of the vehicle by the petitioner. Hence, it is contented that 'clearance certificate' as requested could not be issued, unless the petitioner makes payment of the arrears due, with respect to the vehicle. 4. It is noticed that the alleged arrears of contributions due to the Welfare Fund pertains to the period prior to the purchase of the vehicle by the petitioner. The provisions contained in the Kerala Motor Transport Workers Welfare Fund Act enable the competent authority to make determination of the amounts payable and to recover the 3 W.P.(C).No.15436 of 2011 same from the person liable for such payment. Ofcourse, by virtue of the provisions contained in the said Act, the arrears of contribution due will be a charge on the vehicle. But unless the competent authority had taken steps for determination and recovery, by resorting to Section 8 of the said Act, the petitioner could not be compelled to make payment of the arrears. It is not justifiable on the part of the authorities in preventing the petitioner from using the vehicle, compelling payment of the arrears of contribution, without the competent authority taking steps as mentioned above. 5. Therefore, I am of the view that, interest of justice will be served if a direction is issued for acceptance of the motor vehicle tax due on a provisional basis, subject to further actions as contemplated under Section 8 of the Act, provided the petitioner makes payment of the contributions due for the period after the date of purchase. 6. In the result, the writ petition is disposed of directing the 3rd respondent to accept payment of contributions with respect to vehicle bearing No.KL-57-639 from the petitioner, 4 W.P.(C).No.15436 of 2011 for the periods after the date of purchase of the vehicle by the petitioner (from 24.9.2010 onwards). If the petitioner produce proof regarding such payment, the 1st respondent shall accept motor vehicle tax due with respect to the vehicle, without insisting for production of any clearance certificate from the 2nd respondent, subject to further condition of the petitioner furnishing undertaking in the form of an affidavit to the effect that the petitioner will not part with ownership or possession of the vehicle until the liability due with respect to the arrears of contributions is settled. 7. It is made clear that the 2nd respondent will be at liberty to take steps as contemplated under Section 8 of the Kerala Motor Transport Workers Welfare Fund Act for realising arrears of contributions due with respect to the above said vehicle. C.K.ABDUL REHIM, Judge ami/