Kerala High Court
Ajayakumar M.S vs District Executive Officer on 24 June, 2016
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 5TH DAY OF MAY 2017/15TH VAISAKHA, 1939
WP(C).No. 14593 of 2017 (Y)
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PETITIONER:
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AJAYAKUMAR M.S,
S/O. SANKUNNY, MARAKKATH HOUSE,
MULLASSERY.P.O,VENKITANGU,
THRISSUR-680 509.
BY ADV. SRI.M.JITHESH MENON.
RESPONDENTS:
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1. DISTRICT EXECUTIVE OFFICER,
KERALA MOTOR TRANSPORT WORKERS
WELFARE FUND BOARD, THRISSUR, PIN-680 003.
2. SRI.SREEKUMAR. C,
ARRAKKAL HOUSE, P.O. ANNAKARA,
MULLASSERY,PIN-680 508.
R1 BY SRI.K.S.MANU, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05-05-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 14593 of 2017 (Y)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF
STAGE CARRIAGE KL-11/Y.3399 SHOWING THE NAME OF THE
PETITIONER AS THE REGISTERED OWNER WITH EFFECT
FROM 21-05-2014.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.21562/2016
DATED 24.06.2016.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
ANU SIVARAMAN, J.
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W.P.(C) No.14593 of 2017
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Dated this the 5th day of May, 2017
J U D G M E N T
This writ petition is filed with the following prayer:
i) To issue a writ of mandamus or any other appropriate writ, direction or order under Article 226 of the Constitution of India commanding the 1st respondent to accept the contribution due under the Kerala Motor Transport Workers Welfare Fund scheme from the petitioner in respect of his stage carriage KL-11/Y 3399, from the date of transfer of ownership of the vehicle to his name as expeditiously as possible at any rate within a short period as stipulated by this Court.
2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 1st respondent. In view of the directions being issued in this case, notice to the 2nd respondent is dispensed with.
In the facts and circumstances of the case and in view of the submissions made at the bar, there will be a direction to the 1st respondent to permit the petitioner to pay the entire W.P.(C) No.14593/2017 2 dues in respect of the vehicle in question under the Kerala Motor Transport Workers Welfare Fund Act in ten equal monthly instalments. The amounts due from the petitioner from the date of transfer of vehicle to his name shall be paid by the petitioner as the first instalment. The first instalment shall be paid on or before 01.06.2017. On payment of the first instalment, the 1st respondent shall issue provisional certificate to the petitioner. The balance amount shall be paid by the petitioner without fail and in case any such instalment is defaulted, the benefit of this judgment shall stand automatically recalled.
This writ petition is disposed of as above.
Sd/-
ANU SIVARAMAN JUDGE smp