IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 33020 of 2010(B) ------------------------------------------ PETITIONER(S): ------------------------ V.N.SUBRAMANIAN, AGED 66 YEARS, S/O. NARAYANAN, 10/483, AYODYAPARAMBU, AMARAVATHY P.O., KOCHI-682 001, ERNAKULAM DISTRICT. BY ADVS. SRI.ANIL S.RAJ, SMT.K.N.RAJANI. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM, KOCHI - 18. 3. THE REGIONAL TRANSPORT OFFICER, ERNAKULAM - 682 030. R1 & R3 BY GOVERNMENT PLEADER SRI. MATHEW GEORGE VADAKKEL R2 BY ADV. SRI. P.RAMAKRISHNAN,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 33020 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 29th day of October, 2010 JUDGMENT Petitioner is the registered owner of an Auto- Rickshaw bearing No.KL-7B 1937. According to him, he is plying the Auto-Rickshaw by himself as a self employment venture. The petitioner claims that he is now aged 66 years. Considering the fact that the petitioner is not employing anybody for plying the Auto-Rickshaw and also considering the fact that he had crossed the age limit of 60 years, for being continued a member of the Scheme formulated under the Kerala Motor Transport Workers' Welfare Fund Act, he claims that he is not liable for payment of contributions to the Kerala Motor Transport Workers' Welfare Fund. Grievance of the petitioner is that the 3rd respondent is not accepting payment of Motor Vehicles Tax due with respect to the vehicle in question, insisting for production of proof W.P.(C) No. 33020/2010 2 regarding payment of contributions to the Kerala Motor Transport Workers' Welfare Fund. 2. The question now stands covered by a decision of this Court in TA-Aleemul Islam Trust V. State of Kerala (2009(4) KLT 225). Therefore, I am of the opinion that the writ petition can be disposed of directing the 3rd respondent to accept Motor Vehicles Tax on producing proof regarding ownership of the vehicle as well as proof regarding age of the petitioner, without insisting for payment of contributions to the Welfare Fund. 3. Therefore, the writ petition is disposed of directing the respondents to accept Motor Vehicles Tax due with respect to vehicle bearing No.KL-7B 1937, without insisting on proof regarding payment of contributions to the Kerala Motor Transport Workers' Welfare Fund, subject to condition of the petitioner producing proof regarding ownership of the vehicle, licence, badge and also proof regarding age of the petitioner to the effect that he has already crossed the age of 60 years. W.P.(C) No. 33020/2010 3 4. It is made clear that the payment shall be accepted only if the petitioner is continuing as registered owner of the vehicle in question and only if the vehicle is being operated by himself on the basis of a valid driving licence and badge 5. Learned counsel for the petitioner submits that the petitioner had filed Ext.P3 representation before the 2nd respondent claiming return of amounts standing credit in his Welfare Fund account, and hence seeks direction to the 2nd respondent to disburse the same. Needless to say that the 2nd respondent shall consider and dispose of such claim in accordance with law, after affording an opportunity of hearing to the petitioner, at the earliest possible, at any rate within two months from the date of receipt of a copy of this judgment. C. K. ABDUL REHIM, JUDGE. mn.