The petitioner is aggrieved with the denial of clearance certificate; to be issued by the 1st respondent, on his vehicle bearing No.KL- 9/Z 565 under the Kerala Motor Transport Workers Welfare Fund Act,1985. 2. Briefly stated, the petitioner purchased the aforesaid vehicle and obtained transfer of permit granted to another vehicle bearing registration No.KL 9/L 8622. There were huge tax arrears with respect to the earlier vehicle which held a valid permit in the route Kuthampilly - Walayar. Since tax arrears were pending, the authorities under the Kerala Motor Vehicles Act, 1988, (for short 'the M.V.Act') refused to endorse transfer of the permit as provided under Rule 159(2) of the Kerala Motor WP(C).14405/14 2 Vehicles Rules. The petitioner hence satisfied the entire tax arrears and obtained replacement of the vehicle in the valid permit. Subsequently, when the petitioner sought for remittance of tax for the vehicle which was replaced, the same was declined on the ground that, clearance certificate with respect to the Welfare Fund dues was not obtained for the earlier vehicle bearing No.KL 9/L 8622, which was plying in the permit.
3. Going by the provisions of the Kerala Motor Vehicles Act, 1988 read with Kerala Motor Vehicle Rules, 1989 as also the provisions of the Welfare Fund Act, it cannot be said that the tax payment of a vehicle could be declined for reason of non issuance of clearance certificate with respect to a vehicle which had been earlier plying in the permit. The Welfare Fund Act specifically provides a charge on the vehicle , WP(C).14405/14 3 in which the welfare fund dues were defaulted, but does not extend the same to a subsequent vehicle replaced in a permit. In such circumstances, Ext.P1 order declining the clearance certificate for the vehicle bearing registration No.KL-9/Z 565 is not sanctioned by the enactment. Ext.P1 would stand set aside. The 1st respondent shall look into only the arrears of Welfare fund with respect to vehicle bearing No.KL-9/Z 565 and if no arrears are pending, clearance certificate shall be issued. The 1st respondent shall be reserved rights to proceed against the other vehicle in which tax arrears are said to be pending or against the 2nd respondent who is said to be the registered owner of the said vehicle.
Writ petition disposed of.
Sd/- K.VINOD CHANDRAN Judge Mrcs