IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8003 of 2009(U)
1. T.K.MANZOOR, THIRUTTIKKATTIL HOUSE,
... Petitioner
Vs
1. THE REGIONAL TRANSPORT OFFICER,
... Respondent
2. DISTRICT EXECUTIVE OFFICER,
3. PUSHPANGADHAN,
For Petitioner :SRI.M.A.FAYAZ
For Respondent :SMT.I.SHEELADEVI, SC,KMTWF BOARD
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :17/03/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.8003 of 2009
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Dated this the 17th day of March, 2009
J U D G M E N T
The petitioner is a stage carriage operator. The petitioner got
transfer of the vehicle from the previous owner. He wanted to replace
the vehicle and get endorsement of the transfer and replacement
endorsed in the permit. This is not acceded to the by the respondents
on the ground that welfare fund dues are outstanding in respect of the
vehicle. The petitioner submits that the respondents cannot recover
the welfare fund dues in respect of the previous owner from the
petitioner as a condition for endorsement. I am of opinion that in so far
as the welfare fund is a charge on the vehicle, the respondents are
certainly entitled to refuse endorsement, if any welfare fund dues are
outstanding, especially in view of the fact that the welfare fund
amounts are to be credited to the account of the employees. In the
above circumstances, I am not inclined to exercise my discretionary
jurisdiction in favour of the petitioner. Accordingly, this writ petition is
dismissed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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