HussaIn P.A. Vs. Regional Transport Officer, Cochin-21. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1142243
CourtKerala High Court
Decided OnMay-23-2014
JudgeHONOURABLE MR. JUSTICE ANIL K.NARENDRAN
AppellantHussaIn P.A.
RespondentRegional Transport Officer, Cochin-21.
Excerpt:
in the high court of keralaat ernakulam present: the honourable mr. justice anil k.narendran friday, the23d day of may20142nd jyaishta, 1936 wp(c).no. 5542 of 2009 (k) --------------------------- petitioner: ----------------- hussain.p.a, aged42s/o.azis, palakkal house, neendoor, vadakkekara.p.o north parur. by advs.sri.p.gopalakrishna menon sri.m.jithesh menon respondent(s): ---------------------------- 1. the regional transport officer,(taxation officer)under the kerala motor vehicle taxation act), civil lines, kakkanad cochin-21.2. the district executive officer, kerala motor transport workers welfare fund board palarivattom, kochi-25. addl.r3 impleaded: addl.r3: m/s shaji motor service, near new bus stand, kannur-670 001 represented by managing partner. (addl.r3 impeaded as per order dt.24.2.09 in ia.2781/09) r1 by govt.pleader sri abhijett lessli r2 by sri.p.ramakrishnan sc kmtwwfb. r3 by adv. sri.o.d.sivadas this writ petition (civil) having been finally heard on2305-2014, the court on the same day delivered the following: appendix in wpc.5542/09 petitioner's exts: ext.p1: copy of registration certificate in respect of kl-13/e.8687. ext.p2: copy of demand draft for the amount of rs.29,910 dt.162.09. ext.p3: copy of amendment published in the kerala gazette dt.12.8.05. ext.p4: copy of order in wpc.33579/07 dt.21.11.07. respondents' exts: nil true copy p.s.to judge dsn anil k.narendran, j -------------------------------------------------- w.p.(c.).no.5542 of 2009 -------------------------------------------------- dated this the23d day of may, 2014 judgment the petitioner who is the registered owner of a stage carriage bearing registration no.kl-13e-8687, has approached this court seeking a writ of mandamus commanding the 1st respondent to receive tax in respect of the said vehicle for the quarter 1.1.2009 to 31.3.2009 without insisting payment of welfare fund dues to the 2nd respondent for the previous quarter. by interim order dated 24.2.2009, this court has directed the 1st respondent to accept tax in respect of the petitioner's vehicle referred to above for the quarter ending 31.3.2009 without insisting payment of contribution for the period prior to the transfer of the vehicle in the name of the petitioner, upon the petitioner executing an undertaking before this court that the petitioner will not transfer, dismantle or cause any damage to the vehicle or do any act which reduces its value till the disposal of the writ petition. the learned counsel for the petitioner submits that pursuant to the said interim order, the petitioner has already given an undertaking and the 1st respondent has also w.p.(c).no.5542/09 -2- accepted tax for the quarter ending 31.3.2009. therefore, the learned counsel for the petitioner submits that in view of the interim order already passed on 24.2.2009, nothing survives in this writ petition and the same may be closed.2. heard the learned counsel for the petitioner, the learned government pleader appearing for the 1st respondent and the learned standing counsel appearing for the 2nd respondent. considering the facts and circumstances of the case, this writ petition is closed , since no further orders are necessary in view of the interim order already granted on 24.2.2009. but, it is made clear that the closure of the writ petition will not stand in the way of the 2nd respondent taking any steps against the petitioner for recovering amount, if any, due from him towards the contribution payable under the motor transport workers welfare fund act, in respect of vehicle bearing registration no.kl-13e-8687, for the period subsequent to 26.11.2008. sd/- anil k.narendran, judge dsn
Judgment:

IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE23D DAY OF MAY20142ND JYAISHTA, 1936 WP(C).No. 5542 of 2009 (K) --------------------------- PETITIONER: ----------------- HUSSAIN.P.A, AGED42S/O.AZIS, PALAKKAL HOUSE, NEENDOOR, VADAKKEKARA.P.O NORTH PARUR. BY ADVS.SRI.P.GOPALAKRISHNA MENON SRI.M.JITHESH MENON RESPONDENT(S): ---------------------------- 1. THE REGIONAL TRANSPORT OFFICER,(TAXATION OFFICER)UNDER THE KERALA MOTOR VEHICLE TAXATION ACT), CIVIL LINES, KAKKANAD COCHIN-21.

2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD PALARIVATTOM, KOCHI-25. ADDL.R3 IMPLEADED: ADDL.R3: M/S SHAJI MOTOR SERVICE, NEAR NEW BUS STAND, KANNUR-670 001 REPRESENTED BY MANAGING PARTNER. (ADDL.R3 IMPEADED AS PER ORDER

DT.24.2.09 IN IA.2781/09) R1 BY GOVT.PLEADER SRI ABHIJETT LESSLI R2 BY SRI.P.RAMAKRISHNAN SC KMTWWFB. R3 BY ADV. SRI.O.D.SIVADAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2305-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.5542/09 PETITIONER'S EXTS: EXT.P1: COPY OF REGISTRATION CERTIFICATE IN RESPECT OF KL-13/E.8687. EXT.P2: COPY OF DEMAND DRAFT FOR THE AMOUNT OF RS.29,910 DT.162.09. EXT.P3: COPY OF AMENDMENT PUBLISHED IN THE KERALA GAZETTE DT.12.8.05. EXT.P4: COPY OF ORDER

IN WPC.33579/07 DT.21.11.07. RESPONDENTS' EXTS: NIL TRUE COPY P.S.TO JUDGE dsn ANIL K.NARENDRAN, J -------------------------------------------------- W.P.(C.).No.5542 of 2009 -------------------------------------------------- DATED THIS THE23d DAY OF MAY, 2014 JUDGMENT

The petitioner who is the registered owner of a stage carriage bearing registration No.KL-13E-8687, has approached this Court seeking a writ of mandamus commanding the 1st respondent to receive tax in respect of the said vehicle for the quarter 1.1.2009 to 31.3.2009 without insisting payment of welfare fund dues to the 2nd respondent for the previous quarter. By interim order dated 24.2.2009, this Court has directed the 1st respondent to accept tax in respect of the petitioner's vehicle referred to above for the quarter ending 31.3.2009 without insisting payment of contribution for the period prior to the transfer of the vehicle in the name of the petitioner, upon the petitioner executing an undertaking before this Court that the petitioner will not transfer, dismantle or cause any damage to the vehicle or do any act which reduces its value till the disposal of the Writ Petition. The learned counsel for the petitioner submits that pursuant to the said interim order, the petitioner has already given an undertaking and the 1st respondent has also W.P.(C).No.5542/09 -2- accepted tax for the quarter ending 31.3.2009. Therefore, the learned counsel for the petitioner submits that in view of the interim order already passed on 24.2.2009, nothing survives in this Writ Petition and the same may be closed.

2. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for the 1st respondent and the learned Standing Counsel appearing for the 2nd respondent. Considering the facts and circumstances of the case, this Writ Petition is closed , since no further orders are necessary in view of the interim order already granted on 24.2.2009. But, it is made clear that the closure of the Writ Petition will not stand in the way of the 2nd respondent taking any steps against the petitioner for recovering amount, if any, due from him towards the contribution payable under the Motor Transport Workers Welfare Fund Act, in respect of vehicle bearing registration No.KL-13E-8687, for the period subsequent to 26.11.2008. Sd/- ANIL K.NARENDRAN, JUDGE dsn