Partly allowed

Jerson Joseph v. the Sub Regional Transport Officer(Taxation Officer)

Kerala HC3 Nov 2016WP(C)/23220/2016

Case brief

AI extract

What is this about?

The High Court disposed of writ petitions filed by vehicle owners seeking tax registration without proof of welfare fund arrears. The court allowed remittance of dues in ten instalments, permitting tax requests thereafter while reserving the right to deny NOC upon consecutive default.

What did the court decide?

Permitted remittance of welfare fund dues in ten instalments starting 15.12.2016; NOC for tax payment may be refused for two consecutive default instalments.

Jerson Joseph Vs the Sub Regional Transport… — Service and Employment | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY, THE 3RD DAY OF NOVEMBER 2016/12TH KARTHIKA, 1938

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WP(C).No. 23220 of 2016 (B)

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PETITIONER(S):

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JERSON JOSEPH, KADATHIPARAMBIL, KARUVELIPPADY, KOCHI-682 005.

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BY ADV. SRI.P.DEEPAK

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RESPONDENT(S):

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1. THE SUB REGIONAL TRANSPORT OFFICER

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(TAXATION OFFICER), MATTANCHERRY-682 002.

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2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKER'S WELFARE WELFARE FUND BOARD, ERNAKULAM-682 011.

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3. SURAJ APPUNNY,

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KOTTEPARAMBIL HOUSE, ARIYANNUR P.O., GURUVAYOOR, THRISSUR DISTRICT-680 102.

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4. SIJU KURIAKOSE, PALLIPURAM HOUSE, VADUVANCODE, PUTHEKURISSU, ERNAKULAM DISTRICT-683 121.

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R1 BY SENIOR GOVERNMENT PLEADER SRI.S.GOPINATHAN R2 BY ADV. SRI.P.RAMAKRISHNAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-11-2016, ALONG WITH WPC. 23238/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 23220 of 2016 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT:1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-46/A 921 ISSUED IN THE NAME OF THE 4TH RESPONDENT EXHIBIT:2 TRUE COPY OF THE JUDGMENT DT. 7/8/12 IN WPC NO. 23379/10 EXHIBIT:3 A TRUE COPY OF THE INTERIM ORDER DT. 14/1/16 IN WPC 370/16 EXHIBIT:4 A TRUE COPY OF THE RECEIPT DT. 21/1/16 ISSUED BY THE 2ND RESPONDENT EXHIBIT:5 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-46/A 921 ISSUED IN THE NAME OF THE PETITIONER.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

msv/

A. MUHAMED MUSTAQUE, J.

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W.P.(C) Nos. 23220 & 23238 of 2016

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Dated this the 3^rd day of November, 2016

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J U D G M E N T

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1.These writ petitions, W.P.(C) Nos. 23220/2016 & 23238/2016, are filed by the owners of goods carriages, bearing Reg.Nos.KL-46/A 921 and KL-01/AN 6910 respectively, seeking a direction to the 1^st respondent to receive motor vehicle tax for the present quarter, i.e. from 30.09.2016 onwards, and for the subsequent quarters, without insisting on proof of remittance of arrears of welfare fund contribution.

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2.The petitioners purchased the above vehicles from the 4^th respondent, Siju Kuriakose. It appears that the 4^th respondent became the owner of the said vehicles, bearing Reg.Nos.KL-46/A 921 and KL-01/AN 6910, in 2010 and 2011 respectively. However, there are arrears from 2006 and 2007 onwards. It appears that the 4^th respondent discharged certain liability towards welfare fund contribution.

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W.P.(C) Nos. 23220 & 23238 of 2016

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..2..

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3.The learned Standing Counsel for the respondent Board submits that the 4^th respondent paid contribution of ₹16,800/- and 26,800/- in respect of the goods carriages,₹

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bearing Reg.Nos.KL-46/A 921 and KL-01/AN 6910 respectively, towards Kerala Motor Transport Workers' Welfare Fund.

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4.However, fact remains that certain amounts are still due towards welfare fund. The learned counsel for the petitioners submits that the petitioners will discharge the liability in instalments.

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5.Accordingly, the writ petitions are disposed of as follows;

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The petitioners are permitted to remit the welfare fund dues in ten instalments starting from 15.12.2016 onwards.

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If the petitioners fail to remit two instalments consecutively, it is open for the respondents to refuse NOC for payment of motor tax.

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Sd/- A. MUHAMED MUSTAQUE JUDGE

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bka/-

Jerson Joseph v. the Sub Regional Transport Officer(Taxation Officer)

Case brief

What is this about?

What did the court decide?

Jerson Joseph v. the Sub Regional Transport Officer(Taxation Officer)

Case brief

What is this about?

What did the court decide?

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