Felix M.W vs The District Executive Officer
2025 Latest Caselaw 5931 Ker

Citation : 2025 Latest Caselaw 5931 Ker
Judgement Date : 22 August, 2025

Kerala High Court

Felix M.W vs The District Executive Officer on 22 August, 2025

Author: K. Babu

Bench: K. Babu

                                                      2025:KER:64331
W.P (C) No.28188 of 2025
                                      1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                      THE HONOURABLE MR.JUSTICE K. BABU

  FRIDAY, THE 22ND DAY OF AUGUST 2025 / 31ST SRAVANA, 1947

                           WP(C) NO. 28188 OF 2025

PETITIONER:

                FELIX M.W,
                AGED 35 YEARS,
                S/O. M.R WILLIAMS, 41 MUKKATHU HOUSE,
                LAKSHAM VEEDU COLONY ROAD,
                KUMBALANGY,
                ERNAKULAM,
                PIN - 682007


                BY ADV SHRI.K.V.GOPINATHAN NAIR


RESPONDENTS:

       1        THE DISTRICT EXECUTIVE OFFICER
                KERALA MOTOR TRANSPORT WORKERS WELFARE FUND
                BOARD, SRM ROAD,
                ERNAKULAM NORTH,
                KACHERIPADY,
                ERNAKULAM,
                PIN - 682018

       2        REGIONAL PROVIDENT FUND COMMISSIONER,
                EMPLOYEES PROVIDENT FUND ORGANIZATION,
                SUB REGIONAL OFFICE,
                BHAVISHANIDHI BHAVAN,
                KALOOR,
                ERNAKULAM,
                PIN - 682017
                                                             2025:KER:64331
W.P (C) No.28188 of 2025
                                          2

       3        THE REGIONAL TRANSPORT OFFICER
                REGIONAL TRANSPORT OFFICE, 2 ND FLOOR,
                CIVIL STATION, THRIKKARA,
                KAKKANAD, KOCHI, PIN - 682030


                BY ADVS.
                SHRI.PRATHEESH.P
                SMT.LAKSHMI.N.KAIMAL
                SMT.C.S.SHEEJA (SR.GP)



         THIS      WRIT      PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION          ON      22.08.2025,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                                  2025:KER:64331
W.P (C) No.28188 of 2025
                                           3


                                   K.BABU, J.
                    --------------------------------------
                            W.P (C) No.28188 of 2025
                   ---------------------------------------
                     Dated this the 22nd day of August, 2025

                                     JUDGMENT

The prayers in this Writ Petition filed under Article 226 of the

Constitution of India are as follows:

"i. To declare that the 1st respondent is duty bound to accept contribution towards Kerala Motor Transport Workers Welfare Fund in respect of Stage carriage KL-16/P 6600 from the petitioner only with effect from 20.02.2025 enabling the petitioner to remit Motor Vehicles Tax in the light of section 4(7) of the Kerala Motor Vehicles Taxation Act; ii. To issue a writ of mandamus or any other appropriate writ, direction or order directing the 3 rd respondent to accept the tax without insisting proof of contribution to respondents 1 and 2 in respect of vehicle KL-16/P 6600 from the petitioner, in the interest of justice;

iii. To issue any other appropriate writ, direction or order which this Honourable Court deem fit in the circumstances of the case.

iv. To dispense with the filing of translation of vernacular documents."

2. The petitioner is the owner of a stage carriage vehicle

bearing Registration No.KL-16-P-6600 referred to in Ext.P1. It is

submitted that the workers attached to the vehicle were covered by

the Employees' Provident Funds and Miscellaneous Provisions Act, 2025:KER:64331

1952 and the Employees' Provident Funds Scheme, 1952, when it

remained with the previous owner.

3. The petitioner approached respondent No.3 to remit the

Motor Vehicles Tax under the Kerala Motor Vehicles Taxation Act,

1976. It is submitted that the authority insisted for payment of

welfare fund under the Kerala Motor Transport Workers' Welfare

Fund Act, 1985 (for short, 'the Act, 1985').

4. Since the workers attached to the vehicle when it was in

the possession of the previous owner were covered by the EPF

Scheme, as per the proviso to Section 4 of the Act, 1985, the

petitioner need to pay welfare fund under the Act, 1985 only from

the date of transfer, that is 20.02.2025.

5. Having regard to the reliefs sought for, the Writ Petition is

disposed of with the following directions:

(i) Respondent No.1 shall accept contribution

towards the Kerala Motor Transport

Workers Welfare Fund for the period after

the vehicle was transferred in the name of 2025:KER:64331

the petitioner.

(ii) On remittal of that amount, respondent No.3

shall accept the Motor Vehicle Tax from the

petitioner.

(ii) The petitioner shall serve copies of the

judgment and the writ petition along with

the Exhibits on respondent No.1.

Sd/-

K.BABU, JUDGE KAS 2025:KER:64331

APPENDIX OF WP(C) 28188/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTRATION PARTICULARS OF THE VEHICLE NO. KL-16/P

Exhibit P2 TRUE COPY OF THE CHALAN REGARDING THE REMITTANCE OF CONTRIBUTION FOR THE PERIOD OF MAY 2025 Exhibit P3 TRUE COPY OF THE REGISTRATION PARTICULARS SHOWING TRANSFER OF VEHICLE Exhibit P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.07.2025 Exhibit P5 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C). NO: