IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 21866 of 2008(C) --------------------------------------- PETITIONER: ------------------- RAJAN A.V., CHAPARATH THAZHA KUNIYIL HOUSE, OLARILAM P.O.,KANNUR. BY ADV. SRI.I.DINESH MENON. RESPONDENTS: ------------------------ 1. THE JOINT REGIONAL TRANSPORT OFFICER THALASSERY. 2. THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KANNUR. R1 BY SPL. GOVT. PLEADER DR. K.P. PRADEEP, R2 BY ADV. SRI.NAVEEN. T, S.C, K.M.T.W.W.F.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21866/2008-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE R.C BOOK OF THE VEHICLE KL-7 AJ 6242. EXT.P.2: COPY OF THE CLEARANCE CERTIFICATE DTD. 13/03/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21866/2008-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of December, 2010 J U D G M E N T The petitioner is the purchaser of a contract carriage vehicle No.KL-7-AJ-6242 from one Tibo Kuruvila. When he approached the first respondent for endorsing the transfer, he was directed to pay Motor Transport Workers Welfare Fund from 01/01/2008 to 31/03/2008 which, according to the petitioner, is not liable to be paid by him. Aggrieved by the demand raised for payment of tax for the period from 01/04/2008 to 30/06/2008 as well as Welfare Fund dues, this writ petition has been filed. This Court had passed an interim order as sought for on 24/07/2008. 2. Heard the learned Government Pleader appearing for the first respondent and the learned counsel for the second respondent. The learned counsel for the second respondent submitted that the vehicle has not been registered with the RTO in Kannur District. Therefore, it is not clear whether the vehicle is plying in Thiruvalla as of now. In the light of the above facts, the competent authority of the concerned W.P.(C). No.21866/2008 -:2:- district will be free to take action for recovery of any arrears of tax. If the petitioner disputes any liability, that objection will be adjudicated in accordance with law. The writ petition is accordingly disposed of. No costs. (T.R. Ramachandran Nair, Judge.) ms