IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 33887 of 2010(I) -------------------------- PETITIONER(S): ----------------------- P.T.HYDER ALI, S/O.MOHAMMEDKUTTY, PANDARATHODI HOUSE, PULAMANTHOLE P.O., PERINTHALMANNA. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): ------------------------ 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALAKKAD-678001. 2. THE REGIONAL TRANSPORT OFFICER/ TAXATION OFFICER, PALAKKAD- 678 001. ADV. SRI.K.S.MANU, SC, KMTWWFB GOVERNMENT PLEADER MR.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt C.K.ABDUL REHIM, J. -------------------------------- W.P.(C)No. 33887 of 2010 ----------------------------------------------- DATED: 24th day of November, 2010 JUDGMENT Petitioner is the registered owner of the stage carriage vehicle bearing vehicle No.KL-10 T 8853. Tax with respect of the vehicle was due for the period from 1.4.2009 to 31.3.2010. The petitioner had approached this Court in W.P(C) No.13290/2010 and this court was pleased to permit the petitioner to make payment of arrears in three equal monthly instalments, falling due on or before 30.4.2010, 30.5.2010 and 30.6.2010. According to the petitioner two instalments, as stipulated in the said judgment had already been paid. But payment of the 3rd instalment cannot be effected since the auto consultant with whom the petitioner was dealing with, is missing and his whereabouts are not known. It is stated that when the petitioner had approached the 1st respondent for payment of the balance instalment as well as for payment of motor vehicle tax due for the period from 1.4.2010 onwards, the same was not accepted, insisting production of proof regarding payment of contributions to the 1st respondent. It is further stated that when the petitioner had approached the 1st respondent, the contributions were not W.P.(C)No. 33887 of 2010 2 received stating that there is some arrears pertaining to the vehicle. According to the petitioner he is ready and willing to make payment of the arrears of contribution if any due. But the 1st respondent is not issuing No Objection Certificate in this regard. Hence, the petitioner seeks appropriate direction for acceptance of the contributions due to the Motor Transport Workers Welfare Fund as well as for acceptance of motor vehicle tax due with respect to the vehicle. 2. In a statement filed on behalf of the 1st respondent it is mentioned that an amount of Rs.56,700/- is due towards arrears of contributions payable with respect to the vehicle, for the period from June 2005 to October 2010. Learned counsel for the petitioner seeks indulgence of this court for permitting payment of arrears of contribution in a phased manner. On that basis, he further seeks direction to the 2nd respondent to accept arrears of motor vehicle tax on production of proof regarding payment of contributions due from October 2010 onwards. 3. Having considered the facts and circumstances, I am of the view that indulgence can be shown to permit the petitioner to pay the arrears of contributions in instalments, within a reasonable time. W.P.(C)No. 33887 of 2010 3 4. Accordingly, this writ petition is disposed of directing the 1st respondent to accept arrears of contributions due to the Motor Transport Workers Welfare Fund to the tune of Rs.56,700/- stated to be due with respect to the motor vehicle bearing No.KL- 10 T 8853, if the petitioner makes payment of the amount in four equal monthly instalments falling due on or before 15.12.2010 and on or before 15th of the succeeding months. The 1st respondent is further directed to accept payment of contributions if any due, for the period after 1.4.2010 onwards, subject to payment of the arrears as directed above. 5. The 2nd respondent is directed to accept arrears of motor vehicle tax, including the last instalment as stipulated in the judgment in W.P(C) No.13290/2010 and the amounts due from 1.4.2010 onwards, without insisting for production of clearance certificate from the 1st respondent, subject to production of proof regarding payment of contributions for the period after 1.4.2010. C.K.ABDUL REHIM, JUDGE. dmb