High Court of KeralaWP(C)/33873/2015disposed of

Thushara L. v. District Executive Officer

2015-11-17Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 WP(C).No. 33873 of 2015 (H) -------------------------------------- PETITIONER:

-------------------------- THUSHARA L.

W/O. SHIYASMON KISHORE BHAVANAM MUTHUKATTUKARA PALAMEL, NOORNAD ALAPPUZHA DISTRICT BY ADVS.SRI.O.D.SIVADAS SRI. C.RADHAKRISHNAN RESPONDENTS:

---------------------------- 1.

DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND ALAPPUZHA AT HARIPPAD - 690 514 2.

ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION SUB REGIONAL OFFICE,KOTTAYAM - 686 001 3.

JOINT REGIONAL TRANSPORT OFFICER SUB REGIONAL TRANSPORT OFFICE MAVELIKKARA ALAPPUZHA DISTRICT - 690 101 4.

ROYSON JOSEPH PROPRIETOR, ROYAL TOURS AND TRAVELS 44/382 D, LISIE JUNCTION KOCHI - 682 018 R1 BY SRI.P.M.HABEEB, SC.

R2 BY SRI.JOY THATTIL ITOOP, SC, EPF ORGANISATION R3 BY SR. GOVERNMENT PLEADER SMT. SANJEETHA K.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33873 of 2015 (H) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1- TRUE COPY OF THE REGISTRATION PARTICULARS OF VEHICLE NO. KL-07 AP-6699 AFTER EFFECTING TRANSFER OF OWNERSHIP IN THE NAME OF THE PETITIONER EXHIBIT-P2- TRUE COPY OF THE COMBINED CHALLAN DATED 12.10.2015 RELATING TO THE 4TH RESPONDENT ESTABLISHMENT EXHIBIT-P3- TRUE COPY OF THE JUDGMENT MADE IN W.P.(C). NO. 20740/2015 PASSED BY THE HIGH COURT OF KERALA ON 04.08.2015 RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 33873 OF 2015 ---------------------------------------- Dated this the 17th day of November, 2015

JUDGMENT

The petitioner asserts that her transferor was covered by Employees Provident Fund Scheme in respect of the vehicle. It is the case of the petitioner that no dues under the Kerala Motor Transport Workers Welfare Fund Act need be paid.

The petitioner is free to produce the necessary documents before the first respondent. The first respondent on being convinced of the factual situation can accept contribution towards the Kerala Motor Transport Workers Welfare Fund.

The petitioner is also provisionally permitted to pay tax in respect of the vehicle KL-O7-AP-6699 for the period from 01.10.2015 onwards. The next instalment shall however be received on proof of acceptance of the contribution by the first respondent.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS