High Court of KeralaWP(C)/26970/2015disposed of

Joseph V.J. v. The District Executive Officer

2015-10-07Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 WP(C).No. 26970 of 2015 (U) ---------------------------------------- PETITIONER:

-------------------------- V.J. JOSEPH VADASSERY HOUSE, PALLURUTHY, KOCHI-6.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT:

---------------------------- THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD SRM ROAD, ERNAKULAM-682011.

BY ADV. SRI.P.RAMAKRISHNAN, SC, KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26970 of 2015 (U) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: TRUE COPY OF THE R.C.PARTICULARS. EXHIBIT-P2: TRUE COPY OF THE PERMIT WITH ITS NO.P.ST/G/82/03. EXHIBIT-P3: TRUE COPY OF THE RECEIPT IN RECEIPT NO.22 DATED 14.6.2013. EXHIBIT-P4: TRUE COPY OF THE RECEIPT IN RECEIPT DATED 12.9.2013. EXHIBIT-P5: TRUE COPY OF THE RECEIPT IN RECEIPT DATED 12.12.2013. EXHIBIT-P6: TRUE COPY OF THE RECEIPT IN RECEIPT NO.42 DATED 12.3.2014. EXHIBIT-P7: TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 20.7.2015.

EXHIBIT-P8: TRUE COPY OF THE JUDGMENT DATED 8.5.2015 IN WPC NO.13657/2015.

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

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 26970 OF 2015 ---------------------------------------- Dated this the 07th day of October, 2015

JUDGMENT

The vehicle is admittedly not a light passenger vehicle. Ext. P1 registration certificate shows that it is a medium passenger vehicle. It can safely be concluded that the vehicle can be included in the category of heavy passenger vehicle.

Para 28 of the Motor Transport Workers Welfare Fund Scheme, 2005 fixes the quantum of Welfare Fund dependent on the type of vehicle. The statement filed by the respondent shows that a sum of Rs. 35,700/- is still in deficit. The said amount is also liable to be paid by the petitioner towards the Welfare Fund dues. 3.

The respondent shall issue the Clearance Certificate to the petitioner after receiving the amount of Rs. 35,700/-. The certificate covers the period from

W.P.(C). NO. 26970 OF 2015 2 June 2005 to November 2013 during which the petitioner was the owner of the vehicle. The sum of Rs. 35,700/- shall be paid in three equal monthly instalments starting from 30.10.2015.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE