High Court of KeralaWP(C)/11430/2011disposed of

Falcon Agencies Pvt Ltd. v. The District Executive Officer

2015-06-01Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 WP(C).No. 11430 of 2011 (C) ---------------------------- PETITIONER(S):

------------- M/S.FALCON AGENCIES PVT.LTD., REGISTERED OFFICE, P.B.NO.61, PARAGON BUILDING, SREENIVASA IYER ROAD, CHALUKUNNU, KOTTAYAM - 686 001. REPRESENTED BY ITS DIRECTOR REJI ABRAHAM.

BY ADVS.SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENT(S):

-------------

1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS, WELFARE FUND BOARD, KOTTAYAM - 686 001.

2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS, WELFARE FUND BOARD, KOTTAYAM - 682 011.

3. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS, WELFARE FUND BOARD, KOTTAYAM - 673 001.

4. THE REGIONAL TRANSPORT OFFICER, KOTTAYAM - 686 001.

5. THE REGIONAL TRANSPORT OFFICER, ERNAKULAM - 682 011.

6. THE REGIONAL TRANSPORT OFFICER, CALICUT - 673 001.

R2 BY SRI.P.RAMAKRISHNAN, SC, KMTWF BOARD, BY GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA & BY SRI.K.S.MANU (PUNUKKONNOOR).

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(C).No. 11430 of 2011 (C) APPENDIX PETITIONER(S)' EXHIBITS :

------------------------ EXT. P1 : TRUE COPY OF THE LIST OF THE VEHICLES. EXT. P2 : TRUE COPY OF THE COMBINED CHALLAN.

EXT. P3 : TRUE COPY OF THE REPRESENTATION DATED 23/03/2011 BY THE PETITIONER.

EXT. P4 : TRUE COPY OF THE JUDGMENT DATED 18/02/2011 IN WP(C) NO.5151/2001.

RESPONDENT(S)' EXHIBITS :

---------------------- NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

A.V.RAMAKRISHNA PILLAI, J --------------------------------------------- WPC No.11430 of 2011 --------------------------------------------- Dated this the Ist day of June, 2015

JUDGMENT

The petitioner has approached this Court for a direction to the first respondent to pass immediate orders granting certificate to the petitioner enabling him to pay the motor vehicles tax in respect of three vehicles in question without any further delay.

2. This Court by interim order dated 8th April 2011 directed respondents 4 to 6 to receive motor vehicles tax from the petitioner in respect of the vehicles described in Ext.P1 list without insisting the petitioner to produce receipts evidencing payment of contribution to the Motor Transport Workers Welfare Fund, if the petitioner produces proof of the fact that all the employees of the petitioner's establishment including the drivers of the aforesaid vehicles are covered by the provisions of the Employees Provident Funds and Miscellaneous Provisions

WPC No.11430/2011 2 Act, 1952. This Court is of the view that this writ petition can be disposed of making the interim order absolute. Therefore, this writ petition is disposed of making the interim order already granted absolute.

sd/- A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE