IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4311 of 2010(L)
1. R.SIVAKUMAR, S/O.CHAMI MANNADIYAR,
... Petitioner
Vs
1. THE JOINT REGIONAL TRANSPORT OFFICER,
... Respondent
2. THE KERALA MOTOR TRANSPORT WORKERS'
3. THE KERALA MOTOR TRANSPORT WORKERS'
4. GOVINDHA RAJ, THRIVENI BHAVAN,
For Petitioner :SRI.BINOY VASUDEVAN
For Respondent :SMT.I.SHEELADEVI, SC,KMTWF BOARD
The Hon'ble MR. Justice A.K.BASHEER
Dated :13/05/2010
O R D E R
A.K.BASHEER J.
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W.P.(C) No.4311 OF 2010
---------------------------
Dated this the 13th day of May, 2010
J U D G M E N T
~~~~~~~~~~~
The two prayers in the Writ Petition read thus:
“i) Issue a writ of mandamus or other appropriate
writs, orders or directions commanding the first
respondent to accept the tax in respect of stage
carriage KL008-R/6625 for the present quarter
without insisting for a Clearance Certificate issued by
the third respondent.
ii) Issue a writ in the nature of declaration to
declare that the first respondent have no authority to
refuse acceptance of tax for want of Clearance
Certificate in respect of Kerala Motor Transport
Workers Welfare Fund in the light of Ext.P3
Clearance Certificate.”
2. When this Writ Petition came up for consideration on
10.2.2010, this Court directed the respondents to accept the tax
in respect of petitioner’s vehicle without insisting for Clearance
Certificate from the Kerala Motor Transport Workers Welfare
Fund. It appears that pursuant to the above order, the
respondents had accepted quarterly tax from the petitioner.
3. Today, the Writ Petition is again brought up with an
identical prayer to direct the respondents to accept the tax for
W.P.(C) No.4311/2010 2
the current quarter also. I am unable to agree with the
contention raised by the petitioner that the respondents are not
justified in insisting for the Clearance Certificate from the Board
as a condition precedent to receive the quarterly tax especially
after the amendments brought in to the Kerala Motor Vehicle
Taxation Act and the Motor Transport Workers Welfare Fund
Act.
4. The second prayer in the Writ Petition in my view is
totally misconceived, in the absence of any data or material to
substantiate the contention that the respondents have no
authority to refuse to accept tax for want of Clearance
Certificate. In my view, the authority concerned is perfectly
justified in refusing to accept the tax in the absence of a
Clearance Certificate from the Board.
5. Anyhow, in the peculiar facts and circumstances of
the case, petitioner is granted one more opportunity to remit the
tax without production of the Clearance Certificate. The
respondents shall accept the tax from the petitioner for the
W.P.(C) No.4311/2010 3
current quarter. It is made clear that this indulgence is being
shown in the peculiar facts and circumstances of this case. This
shall not be treated as a precedent.
The Writ Petition is disposed of in the above terms.
(A.K.BASHEER, JUDGE)
ps