High Court Kerala High Court

Rajan A.V. vs The Joint Regional Transport … on 10 December, 2010

Kerala High Court
Rajan A.V. vs The Joint Regional Transport … on 10 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21866 of 2008(C)


1. RAJAN A.V., CHAPARATH THAZHA KUNIYIL
                      ...  Petitioner

                        Vs



1. THE JOINT REGIONAL TRANSPORT OFFICER
                       ...       Respondent

2. THE DISTRICT EXECUTIVE OFFICER

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  :SRI.NAVEEN. T, SC, KMTWWFB

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :10/12/2010

 O R D E R
               T.R. RAMACHANDRAN NAIR, J.
              ~~~~~~~~~~~~~~~~~~~~~~~~~~~
               W.P.(C). No.21866/2008-C
              ~~~~~~~~~~~~~~~~~~~~~~~~~~~
         Dated this the 10th day of December, 2010

                    J U D G M E N T

The petitioner is the purchaser of a contract

carriage vehicle No.KL-7-AJ-6242 from one Tibo

Kuruvila. When he approached the first respondent for

endorsing the transfer, he was directed to pay Motor

Transport Workers Welfare Fund from 01/01/2008 to

31/03/2008 which, according to the petitioner, is not

liable to be paid by him. Aggrieved by the demand

raised for payment of tax for the period from

01/04/2008 to 30/06/2008 as well as Welfare Fund dues,

this writ petition has been filed. This Court had

passed an interim order as sought for on 24/07/2008.

2. Heard the learned Government Pleader appearing

for the first respondent and the learned counsel for

the second respondent. The learned counsel for the

second respondent submitted that the vehicle has not

been registered with the RTO in Kannur District.

Therefore, it is not clear whether the vehicle is

plying in Thiruvalla as of now. In the light of the

above facts, the competent authority of the concerned

W.P.(C). No.21866/2008
-:2:-

district will be free to take action for recovery of

any arrears of tax. If the petitioner disputes any

liability, that objection will be adjudicated in

accordance with law. The writ petition is accordingly

disposed of. No costs.

(T.R. Ramachandran Nair, Judge.)

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