Kerala High Court
Cherian Varkey Construction ... vs Regional Transport Officer on 15 February, 2022
WP(C) No.5067/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Tuesday, the 15th day of February 2022 / 26th Magha, 1943
WP(C) NO. 5067 OF 2022(G)
PETITIONER:
M/S.CHERIAN VARKEY CONSTRUCTION COMPANY (P) LTD., 5TH FLOOR, ALPHA
PLAZA, K.P. VALLON ROAD, KADAVANTHRA KOCHI, ERNAKULAM DISTRICT-682
020, REPRESENTED BY ITS DIRECTOR
MR. REJI M. CHERIAN.
RESPONDENTS:
1. REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, CIVIL
STATION, ERNAKULAM AT KAKKANAD-682 030
2. REGIONAL PROVIDENT FUND COMMISSIONER, OFFICE OF THE EMPLOYEES
PROVIDENT FUND ORGANIZATION, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI
682 017.
3. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE
FUND, SRM ROAD, ERNAKULAM NORTH, PIN 682 018.
4. NATIONAL INFORMATICS CENTRE, CIVIL STATION, THRIKKAKARA, KAKKANAD,
KERALA REPRESENTED BY ITS AUTHORIZED OFFICER, PIN 682 030.
5. THE UNION OF INDIA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT , MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT
BHAVAN, 1, SANSAD MARG, NEW DELHI 110 001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an interim direction directing the 1st respondent to
accept Motor Vehcile Tax for the vehicles mentioned in Exhibit P2 and
Exhibit P5 on proof of payment of upto date contribution towards EPF for
the workers engaged in operating the vehicles following the dictum laid
down by a Division Bench of this Hon'ble Court in the matter of Hymavathi
V.Special Deputy Tahsildar and others reported in 2008 (3) KLT 807,
pending disposal of this Writ Petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/s.G.HARIHARAN, PRAVEEN.H., K.S.SMITHA, V.R.SANJEEV KUMAR Advocates for
the petitioners and of GOVERNMENT PLEADER for respondent No 1, the court
passed the following:
WP(C) No.5067/2022 2/4
MURALI PURUSHOTHAMAN, J.
=======================
W.P.(C)No.5067 of 2022 - G
=========================
Dated this the 15th day of February, 2022
ORDER
It is submitted by the learned Counsel for the
petitioner that the petitioner has paid contribution under
the Employees Provident Fund Scheme and therefore the
petitioner is not liable for payment of contribution to the
Kerala Motor Transport Workers Welfare Fund. The
petitioner relies on a judgment of this Court in
Hymavathi v. Special Deputy Tahsildar and others in
[2008 (3) KLT 807].
2. Smt. Reshmitha Ramachandran, the learned
Government Pleader opposes the said prayer. The
learned Government Pleader to file statement.
3. Post after two weeks.
3. There will be an interim direction to the 1st
respondent to accept motor vehicle tax in respect of the
WP(C) No.5067/2022 3/4
W.P.(C)No.5067-2022 ..2..
vehicles owned by the petitioner mentioned in Exts.P2
and P5 on proof of payment of up to date contribution
towards EPF for the workers engaged in operating the
vehicle. Payment as above will be subject to further
orders of this Court.
Handover the copy of the interim order to the
petitioner as well as the learned Government Pleader.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB/15/02/2022
15-02-2022 /True Copy/ Assistant Registrar
WP(C) No.5067/2022 4/4
APPENDIX OF WP(C) 5067/2022
Exhibit P2 TRUE COPY OF THE LIST OF VEHICLES OWNED BY THE
PETITIONER.
Exhibit P5 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE
THE 3RD RESPONDENT ALONG WITH A LIST OF VEHICLES
MENTIONED THEREIN ON 02.02.2022.
