IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 24582 of 2011(W) ----------------------------------- PETITIONER(S): --------------- SHIYAS T.U., THURUTHIKAPALLY HOUSE, PANAVALLY P.O., CHERTHALA. BY ADV. SRI.M.A.FAYAZ SRI.N.J.JOHNSON RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT OFFICER, CIVIL STATION, ALAPPUZHA-688001. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ALAPPUZHA-688001. 3. TREASA ANTONY, PALAMPALLY HOUSE, THOPPUMPADY, KOCHI-682005. ADV. SRI.D.SAJEEV BABU, SC, KMTWWFB FOR R2 SRI. BIJOY CHANDRAN - GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24582 of 2011(W) APPENDIX PETITIONER(S) EXHIBITS EXT.P1 PHOTOCOPY OF THE REGISTRATION PARTICULARS OF KL-07- AL-9028 SHOWING THE DATE OF TRANSFER OF THE VEHICLE TO PETITIONER'S NAME. EXT.P2 PHOTOCOPY OF THE RELEVANT EXTRACT OF THE OLD REGISTRATION CERTIFICATE WHICH SHOWS THAT ABOVE VEHICLE BELONGED TO THE 3RD RESPONDENT. EXT.P3 PHOTOCOPY OF THE REPRESENTATION FILED BY PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4 PHOTOCOPY OF THE JUDGEMENT IN WPC.11507/2008. EXT.P5 PHOTOCOPY OF THE INTERIM ORDER IN WPC.15634/2008 DATED 5/6/2008. RESPONDENTS' EXHIBITS: NIL TRUE COPY PA TO JUDGE. acd S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.24582 OF 2011 ---------------------------------------------- Dated this the 20th day of September, 2011 JUDGMENT The petitioner has purchased a stage carriage bearing Registration Number Kl-07-AL-9028 on 20.7.2011. When the petitioner wanted to pay current tax in respect of the same, the 1st respondent refused to accept the tax on the ground that the petitioner has to produce the Clearance Certificate for remittance of motor transport workers' welfare fund contributions. The petitioner submits that the arrears of contributions due are in respect of the period when the 3rd respondent was the owner and therefore, the liability is on her. The petitioner, therefore, seeks the following reliefs: “i) To issue a writ of Mandamus directing the 2nd respondent to accept the Welfare Fund actually due from the petitioner and to issue the Clearance Certificate, to him for remittance of Motor Vehicle Tax in respect of vehicle KL-07-AL-9028; ii) To direct the 1st respondent to accept the Motor Vehicle Tax from the petitioner in respect of her vehicle KL-07-AL-9028 without any fine or penalty. iii) To direct the 2nd respondent to take up Exhibit-P3 and pass orders on the same, with notice and opportunity of hearing to the petitioner.” W.P.(C)No.24582/11 2 As per the provisions of the Motor Transport Workers' Welfare Fund Act, in respect of contributions under the Motor Transport Workers' Welfare Fund Act, there is a charge in the vehicle itself. As the charge goes with the vehicle, the petitioner has no right to insist that the 1st respondent should accept motor vehicle tax without Clearance Certificate from the second respondent. The petitioner's remedy lies in paying the arrears and recovering it from the 3rd respondent. Therefore, the petitioner is bound to produce the Clearance Certificate for remitting the motor vehicle tax in respect of that vehicle. As such, I do not find any illegality in the first respondent insisting on production of Clearance Certificate for payment of contributions under the Motor Transport Workers' Welfare Fund Act. Therefore, I do not find any merit in this writ petition and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.24582/11 3 W.P.(C)No.24582/11 4