IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 W.P(C).No. 8338 of 2008(P) --------------------------------- PETITIONER: -------------- THE PRINCIPAL, AL FAROOQUE SCHOOL, PADAPPARAMBA, P.O.PANG, MALAPPURAM DISTRICT. BY ADV. SRI.V.RAJENDRAN RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPT., GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. 3. THE JOINT REGIONAL TRANSPORT OFFICER, PERINTALMANNA. 4. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, REPRESENTED BY ITS DISTRICT EXECUTIVE OFFICER, MALAPPURAM. BY GOVT. PLEADER, SRI. C.K. GOVINDAN SRI. P. RAMAKRISHNAN, SC FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008, ALONG WITH WPC NO.8371 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NOs. 8338 & 8371 OF 2008 ========================= Dated this the 12th day of March, 2008 J U D G M E N T The complaint of the writ petitioners is that the Motor Vehicles Tax in respect of the vehicles owned by them is not accepted by the Taxation Officer for the reason that the petitioners have not produced certificate as required under Section 8(A) of the Motor Transport Workers Welfare Fund Act of having discharged their dues under the Motor Transport Workers Welfare Fund Scheme. 2. Based on the Government clarification that Educational institutions are not Motor Transport Undertakings, this court has already rendered judgment in the case of Toc'H Public School v. District Executive Officer (1992(1) KLT S.N.Case NO.49) that it is not the requirement of educational institutions to make payment of the welfare fund dues. 3. Following the aforesaid judgment, this court also has WPC 8338 & 8371/08 :2 : disposed of a batch of writ petitions including WP(C) No.1208/08. Adopting the same reasoning as adopted in the aforesaid cases, I dispose of these writ petitions also directing that the Motor Vehicles Tax tendered by the petitioners herein will be accepted by the Taxation Officer without insisting on certificate as specified under Section 8(A) of the Motor Transport Workers Welfare Fund Act. Writ petitions are disposed of as above. ANTONY DOMINIC,JUDGE. Rp