IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32810 of 2010(A)
1. JAMSHID, S/O.JAMALUDHEEN, AGED 20
... Petitioner
Vs
1. THE EXECUTIVE OFFICER,
... Respondent
2. THE ADDITIONAL REGIONAL TRANSPORT
3. NOUSHAD M.K., S/O.M.K.KOYA,
For Petitioner :SRI.SUNNY MATHEW
For Respondent :SRI.NAVEEN. T, SC, KMTWWFB
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :29/10/2010
O R D E R
C.K. ABDUL REHIM, J
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WP(C) NO. 32810 OF 2010
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Dated this the 29th day of October, 2010
JUDGMENT
Petitioner is aggrieved by non acceptance of motor
vehicles tax due with respect to vehicle owned by him
bearing No. KL-56-6570, insisting on production of proof
regarding payment of contributions to the Kerala Motor
Transport Workers Welfare Fund. According to the
petitioner the said vehicle was purchased by him and the
registration was got transferred into his name only with
effect from 11.05.2010. It is stated that the arrears of
contributions, if any due for the periods prior to the said
date need be cleared payment by the previous owner, the
3rd respondent herein. Since the petitioner is not liable
for payment of such arrears, the non-acceptance of motor
vehicles tax on the ground of non-production of ‘No
Objection Certificate’ from the first respondent is highly
unsustainable and unjustifiable, is the contention.
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2. Considering the facts and circumstances of the
case, I am of the opinion that the second respondent can be
directed to accept motor vehicles tax without producing
proof regarding payment of contributions, subject to the
condition that the petitioner produce proof regarding
payment of contributions for the period from 11.05.2010
onwards, and subject to rights of the first respondent to
take proper steps for realizing arrears if any due, either
from the 3rd respondent or from the petitioner, whoever is
liable in accordance with law.
3. Learned standing counsel appearing for the first
respondent Board submits that there is arrears of Rs.6,800/-
due for the period prior to the transfer. Referring to the
provisions contained in the Kerala Motor Transport Workers
Welfare Fund Act, it is pointed out that inspite of transfer of
ownership the said amount will be a charge on the vehicle,
under Section 10 (2).
4. Under the above circumstances, the Writ Petition
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is disposed of directing the second respondent to accept
motor vehicles tax due with respect to vehicle bearing No.
KL-56-6570, without insisting for production of proof
regarding payment of contributions to the Welfare Fund,
provided the petitioner produce proof regarding remittance
of contributions for the period after 11.05.2010.
5. It is made clear that the first respondent will be at
liberty to take effective steps for realizing amount of arrears
if any due for the period prior to 11.05.2010, as permissible
under law by initiating appropriate steps.
C.K. ABDUL REHIM
JUDGE
dnc