IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 3486 of 2008(M)
1. MUJEEB K., S/O. ABOOBACKER,
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
2. THE EXECUTIVE OFFICER,
3. THE R.T.O.,
For Petitioner :SRI.C.K.SREEJITH
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :30/01/2008
O R D E R
ANTONY DOMINIC, J.
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W.P(C) No. 3486 OF 2008
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Dated this the 30th day of January, 2008
JUDGMENT
Petitioner submits that in respect of the welfare fund dues
that are to be paid to the 2nd respondent, installment facility has
been granted by Exts.P2 and P3 judgments. It is submitted that in
compliance with Exts.P2 and P3, installments also are being paid
and Exts.P4 and P5 are the receipts referred to in this context.
Now, it is submitted by the petitioner that since he has been
granted installment facility and as he is complying with such
payments, the 2nd respondent be directed to issue clearance
certificate entitling him to pay tax to the 3rd respondent.
2. I am not in a position to accept this plea of the petitioner.
Though the petitioner has been granted installment facility to pay
the amount due to the 2nd respondent, but that order cannot be
taken to defeat the provisions of the Welfare Fund Act and the
Motor Vehicle Taxation Act which require payment of the entire
dues for issuing clearance certificate.
However, having regard to the facts of this case, I direct that
if the petitioner furnishes bank guarantee for the entire amount
WPC No. 3486 of 2008
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due in respect of which installment facility has been granted by
Exts.P2 and P3 to the satisfaction of the 2nd respondent, the 2nd
respondent will issue a clearance certificate as required by the
petitioner.
The Writ Petition is disposed of as above.
ANTONY DOMINIC, JUDGE
btt
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