Muhammed Iqbal S/o Beerankutty v Joint Regional Transport Officer, Malappuram District and others

Kerala High Court

 20 June 2013

W. P. (C) No. 15647 of 2013

The Order of the Court was as follows :

1. The specific case of the petitioner is that the first respondent is not accepting the motor vehicles tax in respect of the vehicle bearing Reg.No.KL-10X-3660 for the period commencing from 1-4-2013. The petitioner adds that the first respondent is insisting on proof of payment of arrears of Kerala Motor Transport Workers Welfare Fund by the fourth respondent.

2. The petitioner claims to have purchased the vehicle from the fourth respondent with effect from 18-4-2013 as evident by Ext.P1 certificate of registration. The petitioner contends that the vehicle has a valid and current stage carriage permit and has been detained by the first respondent for non-payment of motor vehicles tax.

3. I direct the first respondent to receive the motor vehicles tax in respect of the vehicle only for the quarter commencing from 1-4-2013.

The motor vehicles tax for the next quarter shall be accepted only after clearing the dues, if any, towards the Kerala Motor Transport Workers Welfare Fund.

4. I further direct the second respondent to issue notice to the petitioner and the fourth respondent to determine the amount due under the Kerala Motor Transport Workers Welfare Fund.

The liability shall be determined within a period of two months from the date of receipt of a copy of this judgment. Needless to say that arrears of Kerala Motor Transport Workers Welfare Fund, if any, would be a charge on the vehicle.

5. The vehicle shall be released to the petitioner on his payment of the motor vehicles tax for the quarter commencing on 1-4-2013 and also the contribution towards the Kerala Motor Transport Workers Welfare Fund with effect from the date of transfer of the vehicle in his name.

6. The writ petition is disposed of.

Petition disposed of