Kerala High Court
Paragon Polymer Products Pvt. Ltd vs The Chief Executive Officer on 6 October, 2021
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Wednesday, the 6th day of October 2021 / 14th Aswina, 1943
WP(C) NO. 20922 OF 2021(M)
PETITIONER:
PARAGON POLYMER PRODUCTS PVT. LTD., REGISTERED OFFICE, PB NO.61,
PARAGON BUILDING, SREENIVASA IYER ROAD, CHALUKUNNU, KOTTAYAM-686
001, REPRESENTED BY ITS DIRECTOR REJI K.JOSEPH.
RESPONDENTS:
1. THE CHIEF EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE
FUND BOARD, KOLLAM-691 001.
2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS
WELFARE FUND BOARD, KOTTAYAM-686 001.
3. THE REGIONAL TRANSPORT OFFICER, KOTTAYAM-686 001.
4. *(EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB/REGIONAL OFFICE,
CHALAKUZHY BUILDINGS, CMS COLLEGE ROAD, KOTTAYAM-686 001,
REPRESENTED BY ASST. P.F.COMMISSIONER.) DELETED. *4TH RESPONDENT
DELETED AS PER ORDER DATED 04.10.2021 IN WPC 20922/2021.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 3rd respondent to receive the motor vehicle tax in
respect of the vehicles covered by Exhibit P2 to P20 registration
certificate, pending disposal of the above Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. MATHEW JOHN, Advocate for the petitioner, SRI.K.S.MANU, STANDING
COUNSEL for R1 and R2 and of GOVERNMENT PLEADER for R3, the court passed
the following:
P.T.O
Exhibit P1:- TRUE COPY OF THE PROCEEDINGS VIDE
NO.KR/KTM/20436/ENF.1(2)/08 OF THE 4TH RESPONDENT DATED 01.11.2008.
Exhibit P2:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AH 9608.
Exhibit P3:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AS 9582.
Exhibit P4:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AQ 3694.
Exhibit P5:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AH 1735.
Exhibit P6:- TRUE COPY OF THE CERTIFICATE OF THE REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AG 8737.
Exhibit P7:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AD 3465.
Exhibit P8:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AS 5048.
Exhibit P9:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 S 3185.
Exhibit P10:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 Y 3796.
Exhibit P11:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 Y 3842.
Exhibit P12:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 Y 9675.
Exhibit P13:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AB 471.
Exhibit P14:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AS 2591.
Exhibit P15:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AD 8412.
Exhibit P16:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AF 7513.
Exhibit P17:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AH 4666.
Exhibit P18:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AH 9371.
Exhibit P19:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AH 9515.
Exhibit P20:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE VIDE NO.KL 05 AS 5016.
Exhibit P21:- TRUE COPY OF THE JUDGMENT DATED 18.02.2011 IN WPC
NO.5151/2011 OF THIS HON'BLE COURT.
BECHU KURIAN THOMAS, J.
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W.P.(C).No.20922 of 2021
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Dated this the 6th day of October, 2021
ORDER
Admit. Adv.K.S.Manu, Standing Counsel takes notice for respondents 1 and 2. The learned Government Pleader takes notice for the 3rd respondent.
2. It is submitted by Adv.Mathew John, the learned counsel for the petitioner that all the employees of the petitioner's establishment are covered under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and Ext.P1 is the proof of the same.
3. Having regard to the provisions of the Motor Transport Workers Welfare Fund Act, 1985 (for short,'the Act), especially the proviso to Section 4 of the Act and in view of the decision in W.P.(C).No.5151/2011, a copy of which is produced as Ext.P21, there will be an interim direction, directing the 3 rd respondent to receive the motor vehicles tax in respect of the vehicles covered by the Registration Certificate produced as Exts.P2 to P20 without insisting on proof of payment of Motor Workers Welfare Fund, pending disposal of the writ petition.
Handover.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM 06-10-2021 /True Copy/ Assistant Registrar