IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 30041 of 2009(A) -------------------------- PETITIONER(S): --------------- K.S.JOHN, AGED 63 YEARS,S/O.SCARIA,KUTTIPLACKAL HOUSE, MANJAPPARA,AMBALAVAYAL,SULTHAN BATHERY TALUK, WAYNAD DISTRICT. BY ADVS. SRI.A.T.ANILKUMAR SRI.A.V.JAMES SRI.P.DALBI EMMANUEL RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT OFFICER, WAYNAD,KALPETTA. 2. SREJESH K.S., AGE NOT KNOWN,S/O.PRABHAKARAN, KURUTHODI HOUSE,RAROTH AMSOM, PEZHPURE DESOM,KOZHIKODE TALUK, KOZHIKODE DISTRICT. *ADDL.3RD RESPONDENT IS IMPLEADED: R3. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KALPETTA, WAYANAD DISTRICT. *(ADDL. R3 IS IMPLEADED AS PER ORDER IN I.A. NO.13824/09 DATED 10.11.2009) R3 BY ADV. SRI.PAULSON C.VARGHESE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 30041 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2009 J U D G M E N T 1. Petitioner is seeking direction against the 1st respondent for receiving Motor Vehicle Tax due with respect to Lorry owned by him bearing registration No.KL-10-E-4039, without insisting for production of No-Objection Certificate from the additional 3rd respondent. According to the petitioner he had purchased the vehicle from the 2nd respondent and the ownership was transferred into his name only on 08.01.2009. It is submitted that he had remitted contributions due to the additional 3rd respondent, with respect to the period after the date of purchase. But the 1st respondent is insisting for production of No-objection Certificate relating to the previous periods, for accepting tax due on the vehicle. 2. Having considered facts and circumstances of the case, I am of the opinion that the writ petition can be disposed of by issuing necessary directions to the 1st W.P.(C)No. 30041 of 2009 -2- respondent to receive motor vehicle tax on a provisional basis, without prejudice to any proceedings which may be initiated by the 3rd respondent for realisation of arrears if any due. 3. Therefore the 1st respondent is directed to accept the tax due with respect to the vehicle bearing registration No.KL-10-E-4039, from the petitioner, on production of proof regarding payment of contributions due to the additional 3rd respondent, from the date of transfer onwards ie. from 08.01.2009 onwards. 4. It is made clear that acceptance of Motor Vehicle Tax from the petitioner shall not be construed or treated in any manner affecting the liability if any on the petitioner or the charge if any on the vehicle, with respect to payment of arrears of contributions due in relation to the vehicle, for the period prior to the purchase. C.K. ABDUL REHIM JUDGE shg/