Kerala High Court
K. Abdul Rahiman vs The Kerala Motor Transport Workers ... on 11 December, 2017
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY,THE 11TH DAY OF DECEMBER 2017/20TH AGRAHAYANA, 1939
WP(C).No. 39819 of 2017 (B)
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PETITIONER:
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K. ABDUL RAHIMAN.,
S/O. ABDULLA, KUDINGILA HOUSE,
H.NO.7/247 OF KUMBADAJE G.P.,
YETHADKA P.O., KASARAGOD
REPRESENTED BY ITS POWER OF ATTORNEY HOLDER
MOIDEEN KUNHI N, S/O. ABDUL RAHIMAN,
AGED 42 YEARS, NIDUVANAM BAYAL,
KUMBADAJE VILLAGE, YETHADKA POST,
KASARGOD - 671 551.
BY ADV. SRI.SAJEEV KUMAR K.GOPAL
RESPONDENT(S):
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1. THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD
KASARGODE DISTRICT, REPRESENTED BY THE
DISTRICT EXECUTIVE OFFICER - 671 551.
2. THE DISTRICT EXECUTIVE OFFICER
THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND
BOARD,
KASARGODE DISTRICT - 671 551.
3. THE REGIONAL TRANSPORT OFFICER
KASARGODE - 671 551.
R1 & R2 BY SRI.NAVEEN.T.,SC
R3 BY GOVERNMENT PLEADER SRI. C.P. PRADEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11-12-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sdr/-
WP(C).No. 39819 of 2017 (B)
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APPENDIX
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PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF THE
VEHICLE BEARING REGISTRATION NO.KL-18-C-3535.
EXHIBIT P2 TRUE COPY OF THE ONE OF THE TEMPORARY PERMIT ISSUED FOR
THE PERIOD FROM 03.11.2017 TO 22.11.2017.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
PA TO JUDGE
sdr/-
P.B.SURESH KUMAR, J
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W.P.(c) No.39819 of 2017
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Dated this the 11th day of December, 2017
JUDGMENT
The petitioner is a stage carriage operator. He has not remitted the amounts due to the Kerala Motor Transport Workers Welfare Fund Board (the Board) in respect of the employees of his stage carriage. Since the petitioner has not remitted the dues to the Board, he has not been issued no dues certificate by the Board and consequently, he is unable to remit tax in respect of the stage carriage under the Kerala Motor Vehicles Taxation Act. The petitioner, in the circumstances, seeks directions to the respondents to accept the welfare fund dues in instalments.
2. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the the Board.
3. It is seen that the liability of the petitioner for the period upto 2017 is Rs.61,000/-.
Having regard to the peculiar facts and circumstances of this case as also the orders issued by this Court in similar writ petitions, I deem it appropriate to dispose W.P. (C) No. 39819 of 2017 -2- of the writ petition permitting the petitioner to pay the amounts due to the Board in eight equal monthly instalments. Ordered accordingly. The first respondent shall give a communication to the petitioner indicating the amounts payable by the petitioner in instalments in tune with this judgment. It is also directed that if the petitioner remits the first instalment as directed above, the Motor Vehicles Tax payable in respect of the stage carriage owned by the petitioner shall be accepted by the third respondent. The remaining instalments shall be paid by the petitioner from 15.01.2018 onwards.
Sd/-
P.B.SURESH KUMAR JUDGE bng