IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 19949 of 2009(K) -------------------------- PETITIONER: --------------- K.SURESHKUMAR, KARUNAKARAVILASAM, EZHUKONE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. MR. O.D.SIVADAS RESPONDENTS: --------------- 1. THE REGIONAL TRANSPORT OFFICER, KOLLAM. 2. THE DISTRICT EXECUTIVE OFFICER, MOTOR TRANSOPRT WORKERS WELFARE FUND BOARD, KOLLAM. 3. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), KOLLAM. 4. B.SURESHKUMAR, KRISHANJALI, POOVATTOOR POST, KOTTARAKKARA, PRESENTLY WORKING AS LAB ASST. AT DEVI DILASAM NSSHS, POOVATTOOR. R1 AND R3 BY SENIOR GOVERNMENT PLEADER MR. V.T. K. MOHANAN R4 ADV. MR. K. HRILAL, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 19949 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 21st day of August, 2009 JUDGMENT The petitioner is mainly challenging the coercive steps, stated as being pursued against him, at the instance of the second respondent for realization of the amount stated as due from the 4th respondent in respect of the vehicle bearing No. KL 2 J 414 towards the liability under the Kerala Motor Transport Workers' Welfare Fund. The case of the petitioner is that, the said vehicle was purchased by the petitioner on the basis of an agreement dated 19.11.04 executed with the 4th respondent and the change of ownership in the certificate of registration was caused to be effected only on 24.5.2005. It is also stated that, neither the petitioner nor the vehicle could be proceeded against in respect of the liability of the 4th respondent prior to Ext.P3 agreement dated 19.11.2004. 2. The learned counsel appearing for the second respondent submits that, there is a charge on the vehicle, by virtue of the relevant provisions of law incorporated under the statute and that apart, the petitioner is very much liable to effect 'advance contribution' under Section 9, for which issuance of any notice is not necessary. The liability in respect of the period after the date of Ext.P3 agreement itself WP (C) No. 19949 of 2009 : 2 : will come to nearly Rs.34,715/-, besides the liability in respect of the subsequent period. 3. The learned counsel for the petitioner submits that, the amendment to the statute by virtue of Section 10 (2), providing charge upon the vehicle in respect of the liability under the Kerala Motor Transport Workers' Welfare Fund was brought into existence only w.e.f. 7.6.2005. Admittedly since the vehicle was purchased by the petitioner vide Ext.P3 Agreement dated 19.11.04, the petitioner very much satisfies the term 'employer' under Section 2 (e) of the 'Act' and is liable to effect contribution at least from 19.11.2004, the date of Ext.P3 agreement. 4. Considering the admitted fact as to the purchase of the vehicle on 19.11.04, the petitioner is directed to remit a sum of Rs. 35,000/- within one month and the second respondent is directed to finalize the assessment in respect of the period from November 2004, after issuing proper notice to the petitioner and on the basis of the evidence to be let in. The proceedings as above shall be finalized as expeditiously as possible, at any rate within 3 months, from the date of receipt of a copy of this judgment. Subject to the above, the coercive proceedings stated as being pursued against the petitioner, shall be kept in abeyance. It is made clear that, the amount to be deposited by the petitioner will be WP (C) No. 19949 of 2009 : 3 : provisional and the same can be set off against the liability to be satisfied by the petitioner, if it is in excess, on the basis of the final orders to be passed. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd