IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 27113 of 2010(L) -------------------------- PETITIONER(S): --------------- VINODKUMAR, S/O.KUMARAN, AGED 43 YEARS, RESIDING AT THACHADITHARAVEETTIL, KACHERI AMSOM, DESOM, WEST HILL P.O., KOZHIKODE. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA FIROZ SRI.C.S.SUDHIRKUMAR RESPONDENT(S): --------------- 1. THE DISTRICT EXECUTIVE OFFICER, THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, MALAPPURAM. 2. THE DISTRICT EXECUTIVE OFFICER, THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KANNUR. 3. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOLLAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 4. THE REGIONAL TRANSPORT OFFICER, MOTOR VEHICLE DEPARTMENT, MALAPPURAM. 5. THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REPRESENTED BY ITS SECRETARY. 6. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MOTOR VEHICLE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV.SRI.P.RAMAKRISHNAN, STANDING COUNSEL-R1 TO 3 GOVERNMENT PLEADER SRI.K.C.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.27113 OF 2010 -------------------------------------------- Dated this the 6th day of September, 2010 JUDGMENT The petitioner contends that he is the agreement owner of vehicle bearing registration No.KL 13 K 4244. This Writ Petition has been filed on being aggrieved by the refusal on the part of the first respondent to receive the Motor Transport Worker's Welfare Fund and to issue Welfare Fund Clearance Certificate under the Kerala Motor Transport Workers Welfare Fund Act, 1985 in respect of vechicle No.KL-13-4244 covered by Ext.P1 on the ground that welfare fund is in arrears in respect of vehicle No.Kl 10 P 4542 mentioned in Ext.P7 Stage Carriage Permit. The main grievance of the petitioner pertains to the refusal on the part of the fourth respondent to accept the Motor Vehicle Tax in respect of vehicle No.Kl 13 K 4244. When this matter came up today, the learned Government Pleader submitted that in case, the petitioner prefers to pay the tax in respect of the vehicle with Registration No.KL 13K 4244 with arrears, it would be accepted by the fourth respondent. The said submission is recorded. Accordingly, this Writ Petition is disposed of granting liberty to the W.P.(C) NO.27113/2010 2 petitioner to approach the fourth respondent and to pay the motor vehicle tax in respect of the aforesaid vehicle, in accordance with law. In case, respondents 1 to 3 intends to take steps alleging non-payment of welfare fund dues in respect of vehicle KL 10 P 4542 mentioned in stage carriage permit, it will be open to them to initiate steps in accordance with law against the person concerned. However, the grievance of the petitioner is that it is alleging that he is under an obligation to pay welfare fund in respect of vehicle No.KL10 P 4542 and the same is in arrears, the first respondent is not accepting the welfare fund in respect of the employees engaged in vehicle No.KL 13 K 4244. In the said circumstances, the first respondent is directed to accept the contribution towards the Kerala Motor Transport Workers Welfare Fund in respect of the employees engaged in KL 13 K 4244 from the petitioner, in accordance with law. However, as noticed earlier, it will be open to the concerned authorities to take appropriate action against the concerned person for failure to clear the arrears in the matter of payment of welfare fund in respect of vehicle No.KL 10 P 4542. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.27113/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.27113/2010 4