IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 W.P.(C).No. 3167 of 2008(B) ---------------------------------- PETITIONER: -------------- M.B. ASHIF, S/O. BAVA, AGED 39, MANGATTUPARAMBIL, PALLURUTHY P.O., GENERAL CONVENOR, AUTORIKSHAW SELF EMPLOYEES ASSOCIATION (ARSEA), KOCHI AREA, KOCHI. BY ADV. SRI.SHAJI JOSEPH RESPONDENTS: ----------------- 1. THE SECRETARY, ROAD TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ROAD TRANSPORT AUTHORITY, R.T.O. OFFICE, COLLECTORATE, KAKKANAD. 3. THE DISTRICT OFFICER, MOTOR VEHICLE WELFARE FUND BOARD, PALARIVATTOM. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 3167 OF 2008 B ===================== Dated this the 28th day of January, 2008 J U D G M E N T Petitioner is the General Convenor of Autorikshaw Welfare Association. It is stated that tax in respect of the autorikshaws of their members is not accepted by the respondents for non production of clearance certificate to the effect that the dues under the Motor Transport Welfare Fund Act and the Scheme framed thereunder is paid. Petitioner submits that they have no liability to pay the contribution under the Welfare Fund Act. 2. Petitioner has no case that their members are covered by the Kerala Autorikshaw Welfare Fund Scheme, 1991. If they are not covered by that scheme, the petitioners have the liability to pay welfare fund dues under the Motor Transport Workers Welfare Fund Scheme. In terms of the provisions of the said Act and the Scheme and also provisions contained in the Motor WPC 3167/08 :2 : Vehicle Taxation Act, for accepting motor vehicle tax, production of clearance certificate of having paid the dues under the Welfare Fund Scheme is a mandatory requirement. Similar view has been taken by this Court in the common judgment in WP(C) No.34018/07 and connected cases. In view of the above, writ petition is only to be dismissed and I do so. ANTONY DOMINIC, JUDGE. Rp