IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 21048 of 2008(E) -------------------------- PETITIONER: ------------------ PARAYIL FOOD PRODUCTS (P) LTD., DEVELOPMENT AREA, AROOR, CHERTHALA, ALAPPUZHA DISTRICT, REPRESENTED BY IT'S MANAGING DIRECTOR, P.M.MATHEW. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENTS: --------------------- 1. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS DISTRICT EXECUTIVE OFFICER, HARIPAD, ALAPPUZHA DISTRICT. 2. ADDITIONAL REGISTERING AUTHORITY, CHERTHALA, O/O.SUB REGIONAL TRANSPORT OFFICE, CHERTHALA. R1 BY ADV. SRI.K.HARI LAL R2 BY GOVT. PLEADER SRI. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.21048 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2008 JUDGMENT Petitioner has approached this court seeking mandamus to direct the first respondent to issue clearance certificate in respect of the vehicles covered by Ext.P1 and for a declaration that the petitioners are not liable to pay any contribution under the Kerala Motor Transport Workers Welfare Fund Act. 2. I heard learned counsel for the parties. 3. The case of the petitioner is that the drivers of the petitioner are coming under the provisions of Employees Provident Fund Act with effect from 1.1.2007 and he relies on Ext.P2 certificate in this regard. Learned counsel appearing on behalf of the first respondent however points out that the petitioner has not even approached the first respondent. What is sought is a writ of mandamus and writ of mandamus must be preceded by a demand. In such a case, I am not inclined to consider the grant of relief sought for by the petitioner. Accordingly, the writ petition is disposed of relegating the petitioner to approach the first respondent seeking clearance certificate WPC.21048/2008. 2 with such materials as he is advised to produce. Upon making such a request, the first respondent will necessarily consider the same and take a decision thereon within three weeks from the date of filing of the representation. (K.M. JOSEPH, JUDGE) sb