IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 24492 of 2010(J) --------------------------------------- PETITIONER(S): ----------------------- BINU. P.N., AGED 29, S/O.NARAYANAN, PANGAPPARAMBIL HOUSE, ARTHUNGAL PO, CHERTHALA. BY ADV. SRI.K.C.SUDHEER RESPONDENT(S): -------------------------- REGIONAL TRANSPORT OFFICER, ALAPPUZHA OFFICE AT CIVIL STATION, ALAPPUZHA. BY GOVT. PLEADER MR.BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 24492 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 28th day of September, 2010 JUDGMENT Petitioner seeks direction for acceptance of motor vehicles tax, without insisting for proof regarding payment of contributions due to the Kerala Motor Transport Workers' Welfare Fund. It is the contention of the petitioner that only two permanent employees are employed in the bus service in question. However, it is admitted that the vehicle in question was operating as stage carriage in a permanent route. Therefore the contention that the vehicle was being operated by employing only two permanent workers could not be accepted. 2. Learned counsel appearing for the 2nd respondent points out that as per paragraph 28 of the Kerala Motor Transport Workers' Welfare Fund Scheme, it is made mandatory that every employer running a stage carriage undertaking is liable to pay contribution with respect to at least three workers. However, it is for the petitioner to W.P.(C) No. 24492/2010 2 produce proof regarding payment of welfare fund or to get orders from the authority concerned to the effect of exonerating him from payment of such liability. Unless any such proof, either regarding payment of the contributions or with respect to exemption granted, is not produced, the 1st respondent could not be compelled to receive motor vehicle tax, going by section 8A of the Kerala Motor Transport Workers' Welfare Fund Act, which was introduced by virtue of amendment brought in the year 2005. 3. Under the above circumstances, the writ petition deserves no merit and the same is liable to be dismissed. 4. It is brought to my notice that in W.P.(C) No. 23961 of 2010 filed by the petitioner herein, this Court delivered judgment on today permitting the petitioner to pay arrears of motor vehicles tax in instalments. There was also a direction to release the vehicle which is now under custody of the transport authority, on payment of two of such instalments. It is made clear that the production of proof regarding payment of contribution need not be insisted for W.P.(C) No. 24492/2010 3 acceptance of the instalments. However, before accepting tax due for the current quarter, the petitioner shall produce proof regarding such payment. C. K. ABDUL REHIM, JUDGE. mn.