Allowed

Brite Power Launders and House Keeping v. the Regional Transport Officer Ernakulam

Kerala HC6 Nov 2012WP(C)/13609/2009

Case brief

AI extract

What is this about?

In a writ petition filed by private launders and its director, the High Court of Kerala held that coverage under the Employees Provident Fund and Miscellaneous Provisions Act exempts the petitioner from obtaining a certificate under the Motor Vehicles Taxation Act. The court allowed the petition.

What did the court decide?

Direction to the 1st respondent to accept the vehicle tax as mentioned in Exhibits P1 and P2 under Sub-section 7 of Section 4 of the Kerala Motor Vehicles Taxation Act.

Brite Power Launders and House Keeping Vs the Regional… — Property and Title | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

TUESDAY, THE 6TH DAY OF NOVEMBER 2012/15TH KARTHIKA 1934

¶5

WP(C).No. 13609 of 2009 (U)

¶6

PETITIONER(S):

¶7

1. BRITE POWER LAUNDERS & HOUSE KEEPING PRIVATE LIMITED, AMBALAM ROAD CHANGAMPUZHA NAGAR P.O., KOCHI-33 REPRESENTED BY ITS MANAGING DIRECTOR.

¶8

2. THOMAS P.SAMUEL, DIRECTOR, BRITE POWER LAUNDERS & HOUSE KEEPING PRIVATE LIMITED, RESIDING AT 26/100, PADIKKAL BRIGHT HOUSE, SHOBHA ROAD, EDAPPALLY.

¶9

BY ADV. SRI.C.ANILKUMAR (KALLESSERIL)

¶10

RESPONDENT(S):

¶11

1. THE REGIONAL TRANSPORT OFFICER, ERNAKULAM.

¶12

2. THE DISTRICT EXECUTIVE OFFICER,

¶13

KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD

¶14

PALARIVATTOM, ERNAKULAM DISTRICT.

¶15

3. EMPLOYEES PROVIDENT FUND COMMISSIONER,

¶16

OFFICE OF THE EMPLOYEES PROVIDENT FUND COMMISSIONER,

¶17

KOCHI-682 017, REPRESENTED BY THE ACCOUNTS OFFICER.

¶18

4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,

¶19

TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

¶20

R2 BY ADV. SRI.P.RAMAKRISHNAN, SC, KMTWF BOARD R3 BY ADVS. SRI.S.GOPAKUMARAN NAIR (SR.) SRI.M.CHANDRA BOSE

¶21

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶22

¶23

...2/-

¶24

WP(C).No. 13609 of 2009 (U)

¶25

APPENDIX

¶26

PETITIONER'S EXHIBITS :

¶27

EXT.P1 : COPY OF REGISTRATION CERTIFICATE RELATING TO VEHICLE BEARING REGN. NO. KL-06/633.

¶28

EXT.P2 : COPY OF REGISTRATION CERTIFICATE RELATING TO VEHICLE BEARING REGN. NO. KL-07/L-5751.

¶29

EXT.P3 : COPY OF REGISTRATION CERTIFICATE RELATING TO VEHICLE BEARING REGN. NO. KL-7/J-1272.

¶30

EXT.P4 : COPY OF CERTIFICATE ISSUED BY THE 1ST RESPONDENT FURNISHING DETAILS OF DRIVERS ENGAGED IN THE VEHICLES MENTIONED IN EXHIBIT P1 TO P3.

¶31

EXT.P5 : COPY OF CHALLAN FOR PAYMENT OF EPF BY THE 1ST PETITIONER UNDER THE PROVISIONS OF EPF AND MISC. PROVISIONS ACT FOR THE PERIOD 1.2.2008.

¶32

EXT.P6 COPY OF NOTIFICATION RELATING TO THE AMENDMENT OF THE KERALA MOTOR VEHICLE TAXATION ACT DATED 12.8.2005.

¶33

EXT.P7 COPY OF THE JUDGMENT DATED 30.10.2007 IN WP(C) NO. 31784/2007 OF THIS HON'BLE COURT.

¶34

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

A.M.SHAFFIQUE, J.

---------------------------------------------------W.P.(C) No. 13609 of 2009 - U --------------------------------------------------Dated this the 6^th day of November, 2012

¶40

J U D G M E N T

¶41

Admittedly the petitioner is covered under the Employees Provident Fund and Miscellaneous Provisions Act, 1952. In that view of the matter, provisions of Kerala Motor Transport Welfare Fund Act insisting for a certificate under the Motor Vehicles Taxation Act does not arise.

¶42

In that view of the matter the writ petition is only to be allowed. There shall be a direction to the 1^st respondent to accept the vehicle tax as mentioned in Exts. P1 and P2 under Sub-section 7 of Section 4 of the Kerala Motor Vehicles Taxation Act.

¶43

A.M.SHAFFIQUE, JUDGE.

¶44

rka

Brite Power Launders and House Keeping v. the Regional Transport Officer Ernakulam

Case brief

What is this about?

What did the court decide?

Brite Power Launders and House Keeping v. the Regional Transport Officer Ernakulam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V.K. Kunjamma Vs A.E. Jacob

Jalaludheen Vs the District Collector,Tvm

George Paulose Vs Corporation Bank

Susamma Vs Senior Geologist

E.M.Abdul Khader Vs Asst.Provident Fund Commissioner

Assistant Provident Fund Commissioner Vs M/S.Sanjeevani Samithi