Dismissed

Binu John v. the District Executive Officer

Kerala HC8 Apr 2024WP(C)/13341/2018

Case brief

AI extract

What is this about?

The High Court observed that as the petitioners had undisputedly subscribed to EPF and an interim order existed, the first relief was unnecessary. It directed the 3rd respondent to accept motor vehicle tax upon proof of EPF payment without requiring a clearance certificate.

What did the court decide?

Directed 3rd respondent to accept motor vehicle tax upon proof of EPF payment without insisting on clearance certificate or No Objection Certificate from 1st or 2nd respondents.

Binu John Vs the District Executive Officer — Service and Employment | Kerala HC (2024)

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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 EASWARAN S.

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MONDAY, THE 8^TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946

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WP(C) NO. 13341 OF 2018

PETITIONER/S:

1 BINU JOHN

AGED 44 YEARS

S/O T.P JOHN,PARTNER, M/S GANGA TRAVELS, THEKKUMBHAGOM, THRIPUNITHURA, ERNAKULAM-682301.

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2 BIJU JOHN S/O T.P JOHN, AGED 43 YEARS, PARTNER, M/S GANGA TRAVELS, THEKKUMBHAGOM, THRIPUNITHURA,ERNAKULAM-682301.

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3 SANJUMON M.C S/O SUBHADRA CHANDRAN, MOOSARUKUDIYIL HOUSE, PANCODE PO, VADAVUCODE, MUVATTUPUZHA-682310.

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BY ADV SRI.A.K.ABDUL AZEEZ

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RESPONDENT/S:

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1 THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS' WELFARE FUND BOARD,BUILDING NO.134, SRM ROAD,

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ERNAKULAM-682018.

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2 EMPLOYEES PROVIDENT FUND ORGANISATION BHAVISHYA NIDHI BHAVAN, KALOOR, ERNAKULAM, KOCHI-682017.

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3 THE REGIONAL TRANSPORT OFFICER MUVATTUPUZHA-686661, REPRESENTED BY SECRETARY. BY ADV SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

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ADMISSION ON 08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P. (C) No.13341 of 2018

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EASWARAN S. , J.

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W.P. (C) No.13341 of 2018

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Dated this the 8th day of April 2024

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JUDGMENT

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The present writ petition is filed seeking for a direction to the 1st respondent to accept the contribution towards the Kerala Motor Transport Workers Welfare Fund Board without insisting for clearance certificate from the 2nd respondent in the light of Exts.P2 and P3. Admittedly, the petitioners 1 and 2 have subscribed to Employees Provident Fund ( for short, 'EPF') and Ext.P2 is the challan which shows the subscription. The 2nd petitioner, being the registered owner of the vehicle having registration No.KL-45-C4117, sold the vehicle to the 3^rd petitioner with effect from 04.2.2018. The case of the petitioners is that when the 3^rd petitioner approached the 1st respondent for remitting the contribution, it was not accepted for want of clearance certificate from the 2^nd respondent. Therefore, it is prayed that, in the light of the exemption granted under Section 4(1) of the Welfare Fund Act, the respondents cannot insist for a certificate as contemplated

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W.P. (C) No.13341 of 2018 3

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under Section 8A of the Taxation Act.

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I have heard the learned counsel appearing for the petitioners, the learned counsel appearing for respondents 1 and 2 and the learned Government Pleader.

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In the light of the indisputed fact that the petitioners 1 and 2 have already subscribed to the EPF as per Ext.P2, and further in the light of the interim order dated 12.04.2018, I am of the considered view that this Court need not consider the first relief sought in the writ petition.

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In the above circumstances, the writ petition is ordered by directing the 3rd respondent to accept the motor vehicle tax as and when the same is due on proving to the satisfaction of the authority concerned that the contribution under the EPF Act has been fully paid. It is also declared that the 3rd respondent need not insist on the No Objection Certificate to be obtained from the 1st respondent.

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Writ petition is disposed of.

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Sd/- EASWARAN S. JUDGE

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W.P. (C) No.13341 of 2018

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APPENDIX OF WP(C) 13341/2018

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PETITIONER EXHIBITS

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EXHIBIT P1

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TRUE COPIES OF CERTIFICATE OF REGISTRATION FOR CONTRACT CARRIAGE VEHICLE BEARING REGISTRATION NO.KL-45-C-4117.

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EXHIBIT P2

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TRUE COPIES OF THE E-PAYMENT CHALLANS MADE FOR THE 1ST AND 2ND PETITIONERS' FIRM UP TO THE MONTH OF MARCH, 2018.

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EXHIBIT P3

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TRUE COPIES OF THE JUDGMENT OF THIS HON'BLE COURT IN SIMILAR CASE IN WP(C) 30291/07 DATED 5.2.2008 AND WP(C) 41244/16 DATED 3.1.2017.

Binu John v. the District Executive Officer

Case brief

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Binu John v. the District Executive Officer

Case brief

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