Raju E.V. v. Joint R.T.O., Thodupuzha And Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 10TH DAY OF FEBRUARY 2015/21ST MAGHA, 1936 WP(C).No. 33450 of 2010 (E) -------------------------------------------- PETITIONER(S) :

------------------------ RAJU E.V., ELLIMOOTTIL HOUSE.

H.NO.1/57A(11/76), KARIMANNOOR P.O, THODUPUZHA, IDUKKI DISTRICT.

BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENT(S) :

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

1. JOINT R.T.O, SUB REGIONAL TRANSPORT OFFICE, THODUPUZHA.

2. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, IDUKKI DISTRICT.

3. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOTTAYAM DISTRICT.

4. ULAHANNAN THOMAS, THENGUMPILLY PARAMBIL, KURUPPUMTHARA, VIKOM (VIA), KOTTAYAM DISTRICT, PIN-686 001.

R1 BY SR.GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R2 BY ADV. SRI.NAVEEN.T, S.C R3 BY ADV. SRI.K.S.MANU (PUNUKKONNOOR), S.C THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 33450 of 2010 (E) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 02.02.2010. EXHIBIT P2:

TRUE COPY OF THE GOODS CARRIAGE PERMIT OF THE VEHICLE DATED 18.01.2010.

EXHIBIT P3:

TRUE COPY OF THE INSURANCE CERTIFICATE OF THE VEHICLE DATED 03.02.2010.

EXHIBIT P4:

TRUE COPY OF THE TAX RECEIPT DATED 31.07.2010. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

K.VINOD CHANDRAN, J.

----------------------------------------- ----------------------------------------- Dated this the 10th day of February, 2015

JUDGMENT

The above writ petition has been filed for a mandamus, directing the 1st respondent to accept the welfare fund under the Kerala Motor Transport Workers' Welfare Fund Act, 1985 [for brevity "the Welfare Fund Act"] for the period prospective to the petitioner's purchase of the vehicle and to issue clearance certificate for remittance of motor vehicle tax.

2. The petitioner's contention is that the motor vehicle bearing registration No.KL-36-818 was registered in the name of one Ulahannan Thomas, who had defaulted payment under the Welfare Fund Act. Subsequently the petitioner is said to have purchased the vehicle and got transfer of the same on 2.2.2010. The petitioner wanted to remit welfare fund as also motor vehicle tax, which would not be accepted unless the arrears towards the welfare fund are remitted with the Board. Therefore, the present writ petition for appropriate direction.

3. By the Amendment Act 23/2005, effective from 07.06.2005, Section 8A and sub-section (2) of Section 10 were introduced in the Welfare Fund Act. Section 8A mandated a clearance certificate from the Board for acceptance of motor vehicles tax. Sub-section (2) of Section 10 created a charge on the vehicle for the arrears of tax on the vehicle. The issue of amendment and the liability prior to the amendment were considered in Ummer v. Joint R.T.O. [2014 (4) KLT 358]. This Court held that if the transfer is effected after the amendment, then necessarily the transferee of the vehicle would be liable to discharge the liability of the erstwhile owner of the vehicle in respect of the previous owner's dues under the Welfare Fund Act to enable payment of motor vehicle tax as also release the encumbrance by way of charge created on the vehicle. The transferee was held to be entitled to proceed against the erstwhile owner for realisation of the amounts paid on his behalf.

4. It is admitted in the writ petition that the vehicle was transferred to the name of the petitioner on 2.2.2010. Even according to the petitioner there are arrears due under the

Welfare Fund Act from the previous owner. Since the transfer itself was made after the amendment, the petitioner is not entitled to the relief asked for in the writ petition. The charge on the vehicle subsists even after the transfer.

5. However, if the petitioner approaches the authorities concerned, with a prayer for instalments, within a period of one month from the date of receipt of a copy of this judgment, the petitioner shall be permitted to settle the amounts due under the Welfare Fund Act, with interest, in six equal monthly instalments; for the purpose of remitting tax in respect of the vehicle and for payment of amounts under the Welfare Fund Act. Needless to say, the petitioner would be entitled to proceed against the previous owner for recovery of the arrears remitted by him, in appropriate proceedings.

The writ petition is disposed of with the above observations. Sd/- K.VINOD CHANDRAN, JUDGE.

rkc.