Joy Joseph vs The District Executive Officer on 11 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32406 of 2008(G)


1. JOY JOSEPH
                      ...  Petitioner
2. TREESA PAUL, ALAPPURATHUKADU HOUSE

                        Vs



1. THE DISTRICT EXECUTIVE OFFICER
                       ...       Respondent

2. THE REGIONAL TRANSPORT OFFICER, IDUKKI.

3. THE REGIONAL TRANSPORT OFFICER,KOTTAYAM.

                For Petitioner  :SRI.O.D.SIVADAS

                For Respondent  :SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :11/11/2008

 O R D E R
                                   K.M.JOSEPH, J.
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                            WP.(C) No.32406 of 2008
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                    Dated this the 11th day of November, 2008

                                      JUDGMENT

Prayer in the writ petition is to accept tax without insisting the

remittance of arrears of welfare fund contribution in lumpsum. The

alternate prayer is to accept tax without insisting No Objection Certificate

from the first respondent.

2. Heard learned counsel for the petitioners, learned counsel

for the first respondent and the learned Government Pleader.

3. According to the petitioners, they are the owners of stage

carriages. There is an order by the Government permitting payment of the

arrears of welfare fund contribution in instalments and they have been

paying the amount in instalments.

4. Learned Standing Counsel would submit that the petitioners

are in arrears of the instalment allowed by the Government for the months

July, August and September, 2008 and if the petitioners pay the said arrears,

the first respondent will issue the clearance certificate.

5. Learned Government Pleader submits that if the petitioners

produce clearance certificate, the tax will be accepted.

WPC. 32406/2008. 2

In such circumstances, it is ordered that if the petitioners pay a

sum of Rs.4200/- each within one week from today, the first respondent will

issue the clearance certificate. Upon production of clearance certificate

before respondents 2 and 3, there will be a further direction to accept the

tax due in respect of vehicles bearing Registration Nos. KL 33/A 1881 and

KL 5/M 4285.

The writ petition is disposed of as above.

(K.M. JOSEPH, JUDGE)

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