Balkees A vs The Regional Transport Officer
2024 Latest Caselaw 17503 Ker

Kerala High Court

Balkees A vs The Regional Transport Officer on 21 June, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE EASWARAN S.
   FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
                      WP(C) NO. 31377 OF 2018
PETITIONER:

          BALKEES A.,
          AGED 52 YEARS
          S/O SURAJ M., 34/85, SUHARA PONNUS, UTHUNGODE,
          THRINELLAI, PALAKKAD DISTRICT -678 004.
          BY ADV O.D.SIVADAS


RESPONDENTS:

    1     THE REGIONAL TRANSPORT OFFICER,
          PALAKKAD - 678 001.
    2     THE DISTRICT EXECUTIVE OFFICER,
          THE MOTOR TRANSPORT WORKERS FUND BOARD, PALAKKAD-
          678001.
    3     THE DISTRICT EXECUTIVE OFFICER,
          THE MOTOR TRANSPORT WORKERS WELFARE FUND BOARD,
          MALAPPURAM-676505.
    4     ASHRAF,
          S/O ALIKUTTY, PAYYAPULLI HOUSE, KOLLAMPADI,
          THOTTALANGADI P.O., AREEKODE (VIA), MALAPPURAM-
          676505.
          BY ADVS.
          K.S.MANU (PUNUKKONNOOR)
          SRI.PRATHEESH, SC, KERALA MOTOR TRANSPORT WORKER
          WELFARE FUND BOARD


          Sri. Binoy Davis, G. P.



 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
     21.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
                            FOLLOWING:
 WP(C) NO. 31377 OF 2018

                                  2




                          JUDGMENT

The present Writ Petition has filed seeking for a Writ of

Mandamus directing the 2nd respondent to register the stage

carriage No.KL 13/N 5067 in the name of the petitioner and

accept the welfare fund contribution for the month of May,

2018 onwards and issue Clearance Certificate without

insisting the payment contribution towards the Motor

Transport Workers' Welfare Fund before transferring the

vehicle in favour of the petitioner.

2. The learned counsel appearing for the petitioner -

Sri.O.D.Sivadas contended that the 4th respondent still

continues to hold the permit under stage carriage, which was

purchased by his client and therefore, he is misutilising the

same. He, further submitted that the petitioner is not liable

to pay any dues towards the Welfare Fund before the transfer

of the vehicle and the 4th respondent alone has the liability to

pay the due towards the Motor Transport Workers' Welfare

Fund.

3. On the otherhand, Sri.K.S.Manu - learned Standing

Counsel appearing for respondents 2 and 3 contended that

the point raised in this Writ Petition is covered by the WP(C) NO. 31377 OF 2018

judgment of this Court in Ummar v. Joint Regional

Transport Officer [2014 (4) KLT 358], in which it was

categorically held that in cases were the transfer had

occasioned after 07.06.2005, the liability of the erstwhile

owner of the vehicle in respect of dues under 1985 Act would

be a charge on the vehicle and go along with the vehicle to be

transferred.

In view of the above categoric finding of this Court in

Ummar (supra), this Court finds that the Writ of Mandamus

has sought for by the petitioner cannot be issued. Hence, the

prayer for Writ of Mandamus is declined and the Writ Petition

fails and accordingly it is dismissed. However, the dismissal of

the Writ Petition will not stand in the way of the petitioner

clearing the dues towards the Motor Transport Workers'

Welfare Fund and seeking appropriate relief for registration of

stage carriage in his name.

Sd/-EASWARAN.S JUDGE lsn WP(C) NO. 31377 OF 2018

APPENDIX OF WP(C) 31377/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE R.C. BOOK OF VEHICLE NO.KL 13/N 5067 OWNED BY THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION OF THE R.C. BOOK OF VEHICLE NO.KL 13/N 5067 AFTER CHANGE OF OWNERSHIP TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE STAGE PERMIT ISSUED TOT HE PETITIONER'S KL 13/N 5067

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN