Dismissed

Damodaran T.V v. the District Executive Officer

Kerala HC10 Jan 2023WP(C)/178/2023

Case brief

AI extract

What is this about?

This writ petition sought a direction to accept motor vehicle tax without proof of welfare fund contribution. The court dismissed the petition, stating the petitioner is liable for statutory dues and must approach the competent authority after obtaining necessary NOC.

What did the court decide?

Writ Petition stands disposed of; petitioner must approach competent authority after obtaining NOC.

Damodaran T.V Vs the District Executive Officer — Pension and Retirement Benefits | Kerala HC (2023)

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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 AMIT RAWAL

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TUESDAY, THE 10^TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944

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WP(C) NO. 178 OF 2023

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PETITIONER:

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DAMODARAN T.V S/O. VELUKUTTY, THAIVALAPPIL HOUSE, KAVI NAGAR, VARADIYAM, AVANUR, THRISSUR DISTRICT, PIN - 680541

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BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA V.R.SANJEEV KUMAR GENTLE C.D.

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RESPONDENTS:

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1 THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, THRISSUR DISTRICT, PIN - 680003

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2 THE REGIONAL TRANSPORT OFFICER CIVIL STATION, AYYANTHOLE.P.O. THRISSUR, PIN – 680003. AS PER THE ORDER IN I.A.NO.1/2023 DATED 10.01.2023 REGIONAL TRANSPORT OFFICER, WADAKANCHERRY, THRISSUR IS DELETED AND SUBSTITUTED THE ABOVE RESPONDENT AS 2ND RESPONDENT.

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3 ADMINISTRATOR ST. JOSEPH'S HOSPITAL, CHUNDAL P.O., THRISSUR DISTRICT - 680502 BY ADVS. SRI.K.S.MANU, SC, KMTWWFB SMT.RESHMITHA RAMACHANDRAN, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.178/2023

JUDGMENT

Petitioner has approached this Court with the following

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prayers :

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“issue a writ of mandamus or any other appropriate writ or order commanding the second respondent to accept Motor Vehicle Tax for the vehicle mentioned in Ext.P1 for the quarter beginning from 01.01.2022 onwards on production of proof of payment of contribution towards KMTWWF for the quarter beginning on 01.01.2022 onwards.”

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Petitioner herein is the owner of an Ambulance bearing registration No.KL-08/Y-5545 purchased from the 3 rd respondent after payment of proper consideration. The said vehicle is not used for charity purpose by the petitioner and he wants to pay the quarter fees for the period from 01.01.2022. But, the same has not been accepted on account of non production of proof of payment of contribution towards the Kerala Motor Transport Workers Welfare Fund. In support of the contention, learned counsel for the petitioner relied upon Ext.P4 order dated 21.01.2022.

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Issue notice before admission. Smt.Reshmitha Ramachandran, learned Government Pleader, accepts notice and submitted that Ext.P4 interim order would not come to the rescue

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WP(C) No.178/2023

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of the petitioner for the reason that the Government has already complied with the said directions as per Ext.P5 order dated 19.02.2022. The said directions were issued in respect of those affected parties who were, despite obtaining the NOC and after having paid the welfare funds or the EPF, not able to pay the taxes and there was no provision in the portal for lodging the complaints. But, in the instant case, there is no proof of payment of the statutory dues under the Kerala Motor Transport Workers Welfare Fund Act, 1985 or there is no rejection. In view of paragraph 3 of the judgment rendered in George Antony v. State of Kerala [2008 (4) KLT 119] , the petitioner is at liberty to take remedy in accordance with law. In this regard a copy of the judgment dated 01.02.2022 in W.P.(C) No.3345 of 2022 has been produced before the Court.

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The present Writ Petition is bereft of the pleadings and proof of payment of the statutory dues under the Kerala Motor Transport Workers Welfare Fund Act. Thus I am in consensus with the argument of the learned counsel for the State that the matter is not covered under the order of this Court dated 21.01.2022 Ext.P4. In case the petitioner has some grievance, is at liberty to approach the competent authority after obtaining NOC from the concerned

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WP(C) No.178/2023

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authority and in case such proof is submitted, the respondents would not be averse in accepting the motor vehicle tax pertaining to a particular quarter.

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With the aforementioned observations, Writ Petition stands disposed of.

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Sd/AMIT RAWAL JUDGE

csl

WP(C) No.178/2023

APPENDIX OF WP(C) 178/2023

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PETITIONER'S EXHIBITS

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Exhibit P1	A TRUE COPY OF THE REGISTRATION CERTIFICATE OF TEMPO TRAVELLER AMBULANCE BEARING REGISTRATION NO. KL-08 Y-5545 AFTER EFFECTING TRANSFER OF OWNERSHIP IN THE NAME OF THE PETITIONER
Exhibit P2	A TRUE COPY OF THE REGISTRATION CERTIFICATE OF TEMPO TRAVELLER AMBULANCE KL-08 Y-5545 WHILE IT WAS IN THE NAME OF THE 3RD RESPONDENT
Exhibit P3	A TRUE COPY OF THE TAX TOKEN DATED 01.01.2021 ISSUED BY THE 2ND RESPONDENT RELATING TO THE VEHICLE MENTIONED IN EXHIBIT.P1 FOR THE PERIOD ENDING 31.12.2021
Exhibit P4	A TRUE COPY OF THE INTERIM ORDER MADE IN W.P.(C).NO.2125/2022 DATED 21.01.2022 ISSUED BY THIS HON'BLE COURT
Exhibit5	A TRUE COPY OF THE ORDER DATED 19.02.2022 ISSUED BY THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM ALONG WITH ENGLISH TRANSLATION

Damodaran T.V v. the District Executive Officer

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Damodaran T.V v. the District Executive Officer

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