IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 27818 of 2009(V) -------------------------- PETITIONER: --------------- JAYARAJAN, S/O.SREERANGAN, 95A, ROADVILA VEEDU, 4/KARARA, CHITHARA, (VIA) KOTTARAKKARA. BY ADVS. SMT.K.G.SAROJINI SMT.N.C.SALINI RESPONDENTS: --------------- 1. JOINT REGIONAL TRANSPORT OFFICER, KOTTARAKKARA. 2. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKER'S WELFARE FUND, THRISSUR. 3. P.D.VINCENT, PUDHUKKADAN HOUSE, IRINJALAKKUDA, THRISSUR DISTRICT-01. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 27818 of 2009 & W.P.(C) No.27838 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of October, 2009 COMMON JUDGMENT 1. Grievance of the petitioner in both these Writ Petitions is that the registering authority concerned, the 1st respondent in both the cases, is not receiving Motor Vehicle Tax due with respect to the vehicle owned by the petitioners, for the periods (quarters) commencing from 01.10.2009 onwards. According to the petitioner in W.P.(C) No.27818/09 he had purchased the vehicle bearing registration No.KL-8V-5290 from the 3rd respondent in that case, during the year 2009, and the ownership was transferred into his name w.e.f. 09.09.2009. The vehicle is covered by a Contract Carriage Permit which is valid up to 2014. Similarly in case of petitioner in W.P.(C)No.27838 the vehicle bearing registration No.KL-8V-4055 was purchased from the 3rd respondent in that case during the year 2008 W.P.(C)No. 27818 of 2009 & W.P.(C) No.27838 of 2009 -2- and the ownership was transferred into his name w.e.f 04.12.2008. It is submitted that the vehicle in question is covered by a Contract Carriage Permit which is valid up to 03.12.2013. 2. In both these cases the vehicle tax upto 30.09.2009 has been accepted by the 1st respondent. But the tax due from 01.10.2009 onwards was not accepted insisting for production of no objection certificate from the 2nd respondent who is the District Executive Officer of the Kerala Motor Transport Worker's Welfare Fund, Thrissur. Contention of the petitioners is that they are ready and willing to make payment of contributions due for the periods after the purchase of the respective vehicles. But they are not in a position to get 'No-Objection Certificate' from the 2nd respondent with respect to payment of contributions pertaining to the period prior to purchase of the vehicles. Further contention of the petitioners is that even if there is any dues pertaining to the period prior to W.P.(C)No. 27818 of 2009 & W.P.(C) No.27838 of 2009 -3- the purchase, they are not liable. 3. Heard learned standing counsel appearing on behalf of the 2nd respondent. It is pointed out that by virtue of amendments brought to Section 10 of the Kerala Motor Transport Worker's Welfare Fund Act, 1985 in the year 2005, a new provision as Section 10 (2) is introduced to the effect that, notwithstanding transfer of the vehicle any liability accrued with respect to the payment of the amounts due to the Kerala Motor Transport Worker's Welfare Fund before the date of such transfer, shall be a charge on the vehicle so transferred. So also it is pointed out that by virtue of Section 3 of the Act, the registration of the Motor Transport undertaking before the authority of the Welfare Fund Board is compulsory. Therefore it is contended that inspite of transfer of the vehicles into the name of the petitioners, they are liable for payment of arrears if any due for the periods prior to such purchase. Therefore it is contented that no objections can be issued only after W.P.(C)No. 27818 of 2009 & W.P.(C) No.27838 of 2009 -4- clearing the entire arrears. But the standing counsel conceded that there is no specific instructions with respect to registration of these vehicles as motor transport undertakings before the welfare fund authorities, and with respect to any arrears of the previous owners. 4. Having considered facts and circumstances of the case and contentions of the parties, I am of the opinion that the petitioners can be allowed to make payment of the Motor Vehicle Tax on a provisional basis, if they remit contributions payable with respect to the vehicles before the authority having jurisdiction in the area concerned, for the periods after purchase of the vehicles. 5. In the result, the Writ Petitions are disposed of directing the 1st respondent to receive the Motor Vehicle Tax with respect to both the vehicles for the period from 01.10.2009 onwards, on the petitioners producing proof for payment of contributions to the welfare fund before the District Executive Officer of the Kerala Motor Transport W.P.(C)No. 27818 of 2009 & W.P.(C) No.27838 of 2009 -5- Worker's Welfare Fund, Kollam, with respect to their respective vehicles, for the periods after the date of purchase of the vehicle by each of them. 6. It is made clear that the contributions if any liable for any periods prior to purchase of the vehicles by the petitioners will be a charge on the vehicles concerned and that the direction given above will not exonerate the petitioners or the vehicles from any such liability. C.K. ABDUL REHIM JUDGE shg/