IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 26573 of 2010(V) ----------------------------------------- PETITIONER(S): ------------------------ K.P.KURIACHAN, S/O.PAULOSE, KUTTIPUZHA HOUSE, EAST MARADY P.O., MARADY VILLAGE, MOOVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------------------- 1. THE REGIONAL TRANSPORT OFFICER, MOOVATTUPUZHA. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. R1 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R2 BY ADV. SRI. P.RAMAKRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 26573 OF 2010 -------------------------------------------- Dated this the 20th day of August, 2010 JUDGMENT The petitioner purchased the vehicle bearing No. KL 16 C 3700 from one Biju and the transfer of ownership has been endorsed in the certificate of registration as borne by Ext.P1. The case of the petitioner is that, the petitioner is supposed to effect the contribution only after he became the owner of the vehicle on 20.07.2010 and is not liable to satisfy the arrears payable by the previous owner. The 1st respondent refused to accept the tax in respect of the said vehicle for want of 'NOC' in this regard. The clearance certificate however is not being given by the 2nd respondent, stating that the final determination order is still to be passed and the liability is still to be quantified. The learned counsel for the petitioner submits that, under similar circumstances, this Court has passed Ext.P3 judgment, safeguarding the rights and interest of both the parties. 2. Heard the learned counsel for the 2nd respondent and the learned Government Pleader for the 1st respondent as well. 3. Taking note of the course pursued in Ext.P3, this Court finds it fit and proper to pursue similar course in the present as well. Accordingly, the 1st respondent is directed to receive the tax under the Kerala Motor 2 WP(C) No. 26573/2010 Vehicles Taxation Act in respect of the vehicle bearing No. KL 16 C 3700 belonging to the petitioner and covered by Ext.P1 from 01.08.2010 without insisting for production of any clearance certificate from the 2nd respondent in respect of the period prior to purchase of the vehicle. However, it will be for the petitioner to produce the requisite certificate as to the satisfaction of the current liability. It is also made clear that, the contribution in respect of the prior period, of course will be a charge on the vehicle, in view of Section 10 of the Kerala Motor Vehicles Taxation Act and the petitioner shall give an undertaking to the effect that the petitioner will not alienate the vehicle; nor will cause any damage so as to diminish the value under any circumstance, till the proceedings are finalized. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc