The petitioner was the registered owner of a stage carriage bearing registration No.KL-06-C-5660 till 9.1.2010. He purchased the vehicle from the 4th respondent with effect from 16.11.2009. It is the case of the petitioner that tax and welfare fund dues for the period from 16.11.2009 to 9.1.2010 had already been paid by him. He thereafter sold the vehicle to the 5th respondent on 9.1.2010 and this fact was endorsed in the registration certificate of the vehicle with effect from 20.1.2011. In the writ petition, the petitioner is aggrieved by Ext.P5 demand for welfare fund dues in respect of the vehicle for the period upto January, 2010. 2. I have heard Sri.B.Mohanlal, the learned counsel appearing on behalf of the petitioner, Smt.Lilly.K.T., the learned Government Pleader appearing on behalf of the 3rd respondent as also Sri.Naveen.T., learned Standing counsel appearing on behalf of respondents 1 and 2.
3. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I find that this is a case where the petitioner is no longer in possession or ownership of the W.P.(C).NO.4050/2011 2 vehicle in question. For the period during which the petitioner was the registered owner in possession of the vehicle, the petitioner had already discharged his liability towards motor vehicle tax and also welfare fund dues. The 1st respondent now seeks to proceed against the petitioner for the welfare fund dues in respect of the vehicle upto January, 2010. In view of the submission of the learned counsel for the petitioner that welfare fund dues for the period from 16.11.2009 to 9.1.2010, when the vehicle was under the ownership and possession had already been paid, and considering the fact that the vehicle was not with the petitioner prior to that date or after January, 2010 , I dispose the writ petition by quashing Ext.P5 demand against the petitioner, to the extent it relates to a period prior to 16.11.2009. If there is any amount due by way of welfare fund for the period prior to 16.11.2009, it will be open to the 1st respondent to proceed against the person who was the registered owner of the vehicle prior to 16.11.2009.
prp A.K.JAYASANKARAN NAMBIAR JUDGE