IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 26568 of 2011(U) ------------------------------------ PETITIONER(S): ----------------------- SHAFEEK, S/O.ABDUL MAJEED, HOUSE NO.40/3068(24/2879), ANJIKATH HOUSE, PAREPARAMBU, KALOOR, KOCHI – 17. BY ADVS. SRI.C.S.MANU SRI.ABHILASH AKBAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT. OF KERALA, MOTOR VEHICLES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. REGIONAL TRANSPORT OFFICER, MOTOR VEHICLE DEPARTMENT, KAKKANAD – 682030 3. DISTRICT OFFICER, KERALA MOTOR TRANSPORT WORKER'S WELFARE FUND KAKKANAD – 682030 R1 TO R3 BY SENIOR GOVT. PLEAR SRI. JAMES MATHEW KADAVAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 26568 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE REGISTRATION CERTIFICATE IN THE NAME OF THE PETITIONER. P2 : COPY OF THE REGISTRATION CERTIFICATE IN THE NAME OF JOSEPH XAVIER PARAKKAL. P3 : COPY OF THE INSURANCE CERTIFICATE FROM RELIANCE GENERAL INSURANCE FOR THE PERIOD FROM 15/07/2011 TO 14/07/2012. P4 : COPY OF THE TAX RECEIPT FOR THE PERIOD FROM 01/10/2010 TO 30/09/2011. P5 : COPY OF LETTER ADDRESSED TO THE 2ND RESPONDENT BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY/ P.A TO JUDGE STU S.SIRI JAGAN, J. ================== W.P.(C).No. 26568 of 2011 ================== Dated this the 10th day of October, 2011 J U D G M E N T The petitioner purchased a motor vehicle bearing registration No.KL-07-AX 4791 from one Sri.Joseph Xavior. The petitioner now wants to pay motor vehicle tax in respect of the vehicle. The respondents are not inclined to accept the tax on the ground that arrears of contributions under the Kerala Motor Transport Workers' Welfare Fund are due. The petitioner's contention is that the petitioner is liable to pay contributions under the Act only in respect of the period, during which, the petitioner is the owner of the vehicle and the petitioner is not liable to pay contributions in respect of the period when the former owner was in possession of the vehicle. 2. I have heard the learned Government Pleader also. 3. As per law, for arrears of contributions under the Motor Transport Workers' Welfare Fund Act, there is a charge on the vehicle itself notwithstanding whether the arrears are in respect of the period when the petitioner or the former owner was in possession of the vehicle. Further, for acceptance of motor vehicle tax, production of clearance certificate for payment of contributions under the Kerala Motor Transport Workers' Welfare Fund is a statutory condition. As w.p.c.26568/11 2 such, if the petitioner wants to pay motor vehicle tax in respect of the vehicle, the remedy of the petitioner lies in paying the arrears of contributions and seeking recovery of the amount from the former owner. Therefore, without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge