Kunhimoytheen v. Regional Transport Authority, Palakkad

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 34817 of 2015 (B) ---------------------------- PETITIONER(S):

---------------- KUNHIMOYTHEEN, AGED 42 YEARS S/O.MOHAMMED, CHEKIDANKUZHIYIL HOUSE, VALANCHERY, TIRUR.

BY ADV. SRI.I.DINESH MENON RESPONDENT(S):

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

REGIONAL TRANSPORT OFFICER/TAXATION OFFICER PALAKKAD - 678 001.

2.

THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD PALAKKAD - 678 001.

3.

M/S.MAYILVAHANAN TRAVELS, SHORNUR - 679 121.

R BY SR.GOVERNMENT PLEADER SMT.SANJEETHA.K.A. R BY SRI.K.S.MANU, SC, KMTWWFB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.34817 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE RC BOOK OF KL-51 A 7479 EXHIBIT P2 :

TRUE COPY OF THE PERMIT OF KL 51 A 7479 EXHIBIT P3 :

TRUE COPY OF THE RC BOOK OF KL 51 A 7479 WHILE STANDS

IN THE NAME OF THE THIRD RESPONDENT.

EXHIBIT P4 :

TRUE COPY OF THE DATA AVAILABLE IN THE SITE OF MOTOR VEHICLE DEPARTMENT OF KL-51 A 7479.

EXHIBIT P5 :

TRUE COPY OF THE COMMUNICATION DATED 12.3.2013. EXHIBIT P6 :

TRUE COPY OF THE CERTIFICATE DATED 19.12.2013 EXHIBIT P7 :

TRUE COPY OF THE CHALAN DATED 14.7.2015 EXHIBIT P8 :

TRUE COPY OF THE REQUEST DATED 30.10.2015 EXHIBIT P9 :

TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.20685/2013 DATED 20.8.2013.

RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.34817 of 2015 --------------------- Dated this the 18th day of November, 2015

J U D G M E N T

The petitioner seeks to enlist his vehicle KL51 A 7479 in the Motor Transport Workers Welfare Fund Scheme for the period from 1.6.2015 onwards.

2. I direct the second respondent to consider Ext.P8 representation put in by the petitioner in this regard with notice to the petitioner. The same shall be done within a period of four weeks from the date of receipt of a copy of this judgment. Needless to say that the third respondent who was the transferor of the vehicle shall also be put on notice and heard in the exercise. The petitioner is provisionally permitted to pay the tax arrears pending decision on Ext.P8 representation as directed above.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/18.11.15