IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33887 of 2010(I)
1. P.T.HYDER ALI, S/O.MOHAMMEDKUTTY,
... Petitioner
Vs
1. THE DISTRICT EXECUTIVE OFFICER,
... Respondent
2. THE REGIONAL TRANSPORT OFFICER/
For Petitioner :SRI.I.DINESH MENON
For Respondent :SRI.K.S.MANU, SC, KMTWWFB
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :24/11/2010
O R D E R
C.K.ABDUL REHIM, J.
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W.P.(C)No. 33887 of 2010
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DATED: 24th day of November, 2010
JUDGMENT
Petitioner is the registered owner of the stage carriage
vehicle bearing vehicle No.KL-10 T 8853. Tax with respect of the
vehicle was due for the period from 1.4.2009 to 31.3.2010. The
petitioner had approached this Court in W.P(C) No.13290/2010
and this court was pleased to permit the petitioner to make
payment of arrears in three equal monthly instalments, falling
due on or before 30.4.2010, 30.5.2010 and 30.6.2010. According
to the petitioner two instalments, as stipulated in the said
judgment had already been paid. But payment of the 3rd
instalment cannot be effected since the auto consultant with
whom the petitioner was dealing with, is missing and his
whereabouts are not known. It is stated that when the petitioner
had approached the 1st respondent for payment of the balance
instalment as well as for payment of motor vehicle tax due for the
period from 1.4.2010 onwards, the same was not accepted,
insisting production of proof regarding payment of contributions
to the 1st respondent. It is further stated that when the petitioner
had approached the 1st respondent, the contributions were not
W.P.(C)No. 33887 of 2010
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received stating that there is some arrears pertaining to the
vehicle. According to the petitioner he is ready and willing to
make payment of the arrears of contribution if any due. But the
1st respondent is not issuing No Objection Certificate in this
regard. Hence, the petitioner seeks appropriate direction for
acceptance of the contributions due to the Motor Transport
Workers Welfare Fund as well as for acceptance of motor vehicle
tax due with respect to the vehicle.
2. In a statement filed on behalf of the 1st respondent it is
mentioned that an amount of Rs.56,700/- is due towards arrears
of contributions payable with respect to the vehicle, for the period
from June 2005 to October 2010. Learned counsel for the
petitioner seeks indulgence of this court for permitting payment
of arrears of contribution in a phased manner. On that basis, he
further seeks direction to the 2nd respondent to accept arrears of
motor vehicle tax on production of proof regarding payment of
contributions due from October 2010 onwards.
3. Having considered the facts and circumstances, I am of
the view that indulgence can be shown to permit the petitioner to
pay the arrears of contributions in instalments, within a
reasonable time.
W.P.(C)No. 33887 of 2010
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4. Accordingly, this writ petition is disposed of directing
the 1st respondent to accept arrears of contributions due to the
Motor Transport Workers Welfare Fund to the tune of Rs.56,700/-
stated to be due with respect to the motor vehicle bearing No.KL-
10 T 8853, if the petitioner makes payment of the amount in four
equal monthly instalments falling due on or before 15.12.2010
and on or before 15th of the succeeding months. The 1st
respondent is further directed to accept payment of contributions
if any due, for the period after 1.4.2010 onwards, subject to
payment of the arrears as directed above.
5. The 2nd respondent is directed to accept arrears of
motor vehicle tax, including the last instalment as stipulated in
the judgment in W.P(C) No.13290/2010 and the amounts due
from 1.4.2010 onwards, without insisting for production of
clearance certificate from the 1st respondent, subject to
production of proof regarding payment of contributions for the
period after 1.4.2010.
C.K.ABDUL REHIM, JUDGE.
dmb