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High Court of KeralaWP(C)/15548/2015disposed of

Ramadas C.M v. The District Executive Officer

2015-06-03Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 WP(C).No. 15548 of 2015 (P) -------------------------------------------- PETITIONER(S) :

------------------------- RAMADAS C.M., S/O.MAHALINGA IYER, CHIRAYATH MADOM, MUKUNDAPURAM TALUK, P.O.VELLANGALLOOR, THRISSUR-680 662.

BY ADV. SRI.SAJU J.VALLYARA RESPONDENT(S) :

---------------------------- THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS' WELFARE FUND BOARD, THRISSUR, PIN-680 001.

BY ADV. SRI.K.S.MANU, S.C THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 15548 of 2015 (P) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

PHOTOCOPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF STAGE CARRIAGE KL-09-H-8611.

P2 :

PHOTOCOPY OF THE REGULAR PERMIT IN RESPECT OF STAGE CARRIAGE KL-09-H-8611.

P3 :

PHOTOCOPY OF THE RECEIPT NO.A-1571294 DATED 22-04-2014 ISSUED BY THE RESPONDENT.

P4 :

PHOTOCOPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF STAGE CARRIAGE KL-55-E-2882.

P5 :

PHOTOCOPY OF THE REGULAR PERMIT IN RESPECT OF STAGE CARRIAGE KL-55-E-2882.

P6 :

PHOTOCOPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ON 22-05-2015.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No. 15548 of 2015 -------------------------------------- Dated this the 3rd day of June, 2015.

JUDGMENT

Aggrieved by the non-consideration of Ext.P6 request, the petitioner has come up before this Court. 2.

The petitioner was the registered owner of a stage carriage bearing registration No.KL-09-H-8611 and was covered with a regular permit to operate between Parur and Thrissur Medical College. The petitioner alleges that he had remitted the welfare fund contribution in respect of vehicle KL-09-H-8611 upto March with Code No.KMT/08/SCH/002154, evidenced by Ext.P3. While so, the regular permit in respect of vehicle KL-09-H-8611 was replaced by the present vehicle KL-55-E-2882 with effect from 21.6.2014. Since the petitioner had remitted the welfare fund contribution in respect of stage carriage KL-09-H-8611 upto March 2014 evidenced by Ext.P3, the welfare fund dues from 1.4.2014 has to be accepted in respect of the replaced vehicle KL-55-E-2882 and to issue clearance certificate has to be

W.P.(C) No. 15546 of 2015 -2issued so as to enable the petitioner to remit the motor vehicle tax; it is alleged. However, the respondent has not so far considered Ext.P6 request by accepting welfare fund contribution.

3.

I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter. 4.

When the matter came up for hearing, the learned counsel for the respondent Board would submit that the petitioner be directed to remit the welfare fund contribution from 1.4.2014 onwards.

Therefore, the writ petition is disposed of directing the petitioner to remit the welfare fund contribution from 1.4.2014 onwards and in the event of remitting the welfare fund contribution within a week, Ext.P6 request shall be considered and disposed of by the respondent in accordance with law without any fail. To facilitate an early action, it shall be open to the petitioner to produce a copy of the writ petition as well as the copy of this judgment before the first respondent at the earliest.

A.V. RAMAKRISHNA PILLAI JUDGE Scl.