The petitioner is aggrieved with the non-issuance of the Clearance Certificate to a stage carriage bearing Reg. No.KL-9/Z-4488. The facts leading to the writ petition was that, a third party was the permit holder in the route Palakkad- Thiruvilwamala endorsed with stage carriage bearing Registration No. KL-09/K-1401. The permit holder had replaced the vehicle with another stage carriage bearing Reg. No. KL-7/AN-6606. There was also one another replacement by stage carriage bearing Reg. No.KL-9/Z-4488 subsequent to which the permit itself was transferred to the petitioner. 2. The petitioner brought in his own vehicle, bearing Reg. No. KL-9/AF-7899, which is presently operating in the route. The refusal to issue Clearance Certificate to the earlier vehicle was by reason of the dues committed in the payment of contribution to the Welfare Fund of the vehicle W.P.(C) No.29627 of 2014 - C 2 bearing Reg. No.KL-7/AN-6606. The petitioner was neither the owner of that vehicle or even a lessee nor had he been the permit holder at the time when the said vehicle was plied in the route.
3. In such circumstance, the vehicle KL-9/Z-4488 cannot be denied a Clearance Certificate on the ground that, the earlier vehicle plied in the permit, had defaulted in the Welfare Fund dues. In such circumstance, there shall be a direction to the respondent, to issue Clearance Certificate to the vehicle bearing Reg. No. KL-9/Z-4488, provided that there is no Welfare Fund dues of the said vehicle; pending payment. It is made clear that the respondent would have their remedies reserved against the owner or the possessor of vehicle bearing Reg. No.KL-7/AN-6606 and also the authority to proceed against such vehicle for realisation of the Welfare Fund dues.
With the above reservation, the writ petition is allowed.
SB // true copy // P.A To Judge.
Sd/-
K. VINOD CHANDRAN, JUDGE