High Court Kerala High Court

M.N.Purushothaman vs Regional Transport Officer on 2 February, 2009

Kerala High Court
M.N.Purushothaman vs Regional Transport Officer on 2 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3310 of 2009(R)


1. M.N.PURUSHOTHAMAN, S/O.MADHAVAN, AGED 53
                      ...  Petitioner

                        Vs



1. REGIONAL TRANSPORT OFFICER,
                       ...       Respondent

2. DISTRICT EXECUTIVE OFFICER, KMTWWF BOARD

3. DISTRICT COLLECTOR, ERNAKULAM.

                For Petitioner  :SRI.R.MURALEEKRISHNAN

                For Respondent  : No Appearance

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

 Dated :02/02/2009

 O R D E R
                         K. M. JOSEPH, J.
                  --------------------------------------
                   W.P.C. NO. 3310 OF 2009 R
                   --------------------------------------
                 Dated this the 2nd January, 2009

                             JUDGMENT

Petitioner is the owner of a stage carriage having Ext.P1

regular Permit and Ext.P6 time schedule (in WP(C).

No.38158/08P). It is his case that during the last one year the

said vehicle was not running and kept in G Form due to the

pendency of proceedings before various Authorities and Court

of Law. It is stated that Ext.P4 interim order was passed by this

Court directing that subject to compliance with the conditions in

Exts.P3 and P4 therein and on the petitioner satisfying all other

statutory liabilities, the second respondent therein who is the

Regional Transport Officer shall permit the petitioner to ply the

stage carriage. It is stated that the respondent Regional

Transport Officer is, however, refusing to accept the vehicle tax

for the month of December, 2008 onwards citing the reason that

the petitioner is liable to pay welfare fund for the last seventeen

WPC3310/09 R 2

months before paying tax. The amount alleged is Rs.17,850/=.

2. I heard the learned counsel for the petitioner, learned

standing counsel for the second respondent and also the learned

Government Pleader. Learned standing counsel would point out

that actually the vehicle was in G Form only for two months. It

is further contended that even if the vehicle is in G Form, that

does not mean that the owner is absolved from the liability to

pay contribution under the Motor Transport Workers Welfare

Fund Act.

3. Section 8(a) creates a duty to pay the money due as

contribution under the Kerala Motor Transport Workers Welfare

Fund Act, in order that the tax may be received. The direction

that the petitioner seeks is that he may be permitted to pay only a

portion of the amount and yet the tax may be received. This is

directly opposed to the mandate of the Statute. A writ is sought

for a direction to the Authority to act contrary to the Statute.

This is plainly impermissible. If this is permitted, it can be led

WPC3310/09 R 3

to cases where persons can approach this Court seeking similar

orders which are opposed to law. I am not inclined to entertain

this Writ Petition and it is dismissed.

Sd/=
K. M. JOSEPH, JUDGE

kbk.

// True Copy //
PS to Judge