IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 374 of 2008()
1. T.K. RADHAKRISHNAN, PROPRIETOR
... Petitioner
2. K.T. PRASANNA, PROP.
Vs
1. JOINT REGIONAL TRANSPORT OFFICER
... Respondent
2. DISTRICT EXECUTIVE OFFICER
For Petitioner :SRI.G.HARIHARAN
For Respondent :SMT.I.SHEELADEVI, SC,KMTWF BOARD
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.M.JOSEPH
Dated :21/02/2008
O R D E R
H.L.DATTU, C.J. & K.M.JOSEPH, J.
------------------------------------------
W.A.No.374 of 2008
------------------------------------------
Dated, this the 21st day of February, 2008
JUDGMENT
H.L.Dattu, C.J.
Petitioners in W.P.(C) No.1989 of 2008 are the appellants in this writ
appeal. They are calling in question the correctness or otherwise of the orders
passed by the learned Single Judge in W.P.(C) No.1989 of 2008 dated 16th
January, 2008. By the impugned order the learned Judge has declined to grant
the relief sought for by the petitioners in the writ petition.
2. The main grievance of the appellants before us is that the Joint Regional
Transport Officer, Wadakkancherry is not justified in not accepting the tax due
under the provisions of the Kerala Motor Vehicles Taxation Act in the absence of
an appropriate certificate being issued by the District Executive Officer, Kerala
Motor Transport Workers Welfare Fund, Thrissur. It is their further case in the
writ petition that they had approached the District Executive Officer by filing
Ext.P5, inter alia, requesting them to give a certificate to the effect that the
petitioners are not liable to pay any contribution under the provisions of the Kerala
Motor Transport Workers Welfare Fund Act. Since the representation made in
Ext.P5 is not considered by the authorities and since the petitioners are intending
to pay the tax due under the provisions of the Kerala Motor Vehicles Taxation Act,
the petitioners are before us.
3. According to the petitioners, they are not liable to pay any contribution
under the provisions of the Kerala Motor Transport Workers Welfare Fund Act in
view of Ext.P4 notification issued by the State Government dated 26th November,
2005. Therefore, the Joint Regional Transport Officer cannot insist upon the
W.A.No.374 of 2008
2
production of the certificate from the District Executive Officer, Kerala Motor
Transport Workers Welfare Fund. Their assertion is disputed by the learned
counsel appearing for the contesting respondent. The respondents have not even
filed their counter affidavit. In the absence of proper pleadings before us, it may not
be possible to answer the issue raised before us. Therefore, the only course open
to us is to direct the second respondent District Executive Officer, Kerala Motor
Transport Workers Welfare Fund, to consider Ext.P5 representation filed by the
petitioners and pass a reasoned order after affording a reasonable opportunity of
hearing to the petitioners/appellants.
4. In view of the above, without going into the other details of the case, this
writ appeal is disposed of with a specific direction to the second respondent to
consider Ext.P5 representation filed by the petitioners dated 5.1.2008 in
accordance with law and in the light of Ext.P4 notification issued by the State
Government dated 26th November, 2005 and pass a reasoned order after affording
a reasonable opportunity of hearing to the petitioners/appellants, as expeditiously
as possible, at any rate within a month’s time from today without being influenced
by any one of the observations made by the learned Single Judge while disposing
of the writ petition.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(K.M.JOSEPH)
JUDGE
vns/DK