LAWS(KER)-2012-7-414

PREETHI KURIAN Vs. REGIONAL TRANSPORT OFFICER

Decided On July 23, 2012
PREETHI KURIAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE petitioner is the proprietrix of a firm by name M/s Extra Home Care products, engaged in manufacturing and distribution of cleaning products, like phenol, dust wash, toilet cleaner etc. In connection with the business of the petitioner, she is having some goods carriages, which are being driven by different drivers. All the employees of the petitioner firm are stated as covered under the Employees Provident Funds Act/Scheme, as borne by Ext. P6, showing the establishment ID No. KRKCH0027185000. By virtue of the amendment made to the Statute vide Act 14/2005, it has become obligatory on the part of the owners of the vehicle to produce clearance certificate from the authorities like the 2nd respondent and as a natural consequence, motor vehicle tax in respect of the concerned vehicles is not being accepted by the first respondent, which in turn is under challenge.

(2.) THE learned counsel for the petitioner submits that the issue involved in this case is squarely covered by Ext. P8 judgment rendered by this Court under similar circumstances. The petitioner has specifically stated in Ground (E) of the writ petition that the petitioner is ready and willing to produce evidence of remittance of contribution towards the Employees' Provident Fund, as a precondition for accepting the Motor Vehicle Tax for the quarter ending 30.06.2012, as it was done for the previous quarter.