IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 33251 of 2010(F) ------------------------- PETITIONER : ----------------- P.K.ABDUL NAZAR, MANAGING PARTNER, LUCKY TRANSPORT SERVICE, 6/1162, E 111, RAMEEZE ARCADE, CHEROOTY ROAD, KOZHIKODE. BY ADVS. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): ------------------------ 1. THE REGIONAL TRANSPORT OFFICER, KOZHIKODE, PIN - 673 020. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOZHIKODE, PIN - 673 020. R1 BY GOVT.PLEADER SRI. BIJOY CHANDRAN R2 BY ADV. SRI. T. NAVEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 33251 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 2nd day of November, 2010 JUDGMENT Petitioner purchased a Goods Carrier Truck bearing KL- 08/B-5581 from a person belonging to Irinjalakuda on 12-1- 2010. Ext.P1 is the clearance certificate issued by the Joint Regional Transport Officer, Irinjalakuda, certifying that there was no outstanding dues with respect to the vehicle and the Motor Vehicles Tax due up to 31-12-2009 was already paid. On the basis of Ext.P1, ownership of the vehicle was transferred in to the name of the petitioner and Ext.P2 is the registration certificate issued in this regard. Ext.P3 is the permit obtained by the petitioner on the basis of transfer of registration. Grievance of the petitioner at present is that, the 1st respondent is not accepting Motor Vehicles Tax due for the current quarter, insisting upon production of proof regarding payment of contributions to the Kerala Motor Transport Workers' Welfare Fund. W.P.(C) No. 33251/2010 2 2. It is stated that, eventhough the petitioner approached the 2nd respondent for remitting the contributions, he is not accepting the same for the reason that the petitioner should get clearance certificate from the District Office of the Welfare Fund, having jurisdiction in the area where the vehicle was operating prior to the transfer. 3. According to the petitioner, he is ready and willing to make payment of contributions due after the date of purchase. He is also expressing his willingness for payment of arrears if any due with respect to any previous period. But it is contended that due to non-acceptance of contributions by the 2nd respondent for the current period the 1st respondent is not accepting Motor Vehicles Tax and petitioner is put to difficulty, since he is precluded from operating the vehicle. 4. Heard; learned standing counsel appearing for the 2nd respondent and learned Government Pleader appearing for the 1st respondent. Learned standing counsel, on instructions, submitted that arrears of contribution with respect to various periods prior to the purchase are pending finalization at the W.P.(C) No. 33251/2010 3 District Office of the Welfare Fund at Thrissur. Learned counsel for the petitioner expressed willingness to make payment of the amount if any due on proper intimation. However he seeks a direction for acceptance of Motor Vehicles Tax, on remittance of amount due after the transfer of the vehicle. 5. Considering the relevant provisions contained in the Kerala Motor Transport Workers' Welfare Fund Act, it is evident that inspite of transfer of the vehicle, the transferee will be liable for payment of arrears of contribution if any due. So also it is evident that arrears of such contribution will be a charge on the vehicle in question. Therefore, I am of the opinion that without prejudice to rights of the 2nd respondent for collection and recovery of arrears if any due from the petitioner charged on the vehicle, direction can be issued to the 1st respondent to accept Motor Vehicles Tax, on the petitioner producing proof regarding payment of contributions for the period after purchase of the vehicle. 6. In the result the writ petition is disposed of directing W.P.(C) No. 33251/2010 4 the 2nd respondent to accept contributions due with respect to the vehicle from the petitioner pertaining to the period from the date of transfer of the vehicle, on his furnishing an undertaking to pay arrears if any due. Further, the 1st respondent is directed to accept Motor Vehicles Tax due with respect to vehicle in question, on the petitioner producing proof regarding payment of contributions due, before the 2nd respondent, for the period after the date of transfer. 7. It is made clear that acceptance of contributions or acceptance of Motor Vehicles Tax as directed above will be subject to liability of the petitioner for payment of arrears if any due and if the 2nd respondent issues any demand against the petitioner with respect to such arrears, the same shall be paid within a period of one month from the date of receipt of such demand. C. K. ABDUL REHIM, JUDGE. mn.