IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 W.P(C).No. 17805 of 2008(T) ---------------------------------- PETITIONER: -------------- MANAGER, KURUMATHUR SOUTH U.P.SCHOOL, P.O.KURUMATHUR, THALIPARAMBA TALUK. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MOTOR VEHICLES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANSPORT TOWERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM. 3. JOINT REGIONAL TRANSPORT OFFICER, THALIPARAMBA. 4. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WELFARE FUND BOARD, KANNUR. BY GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 17805 OF 2008 - T ==================== Dated this the 17th day of June, 2008 J U D G M E N T In this case, the complaint of the writ petitioner is that the Motor Vehicles Tax in respect of the vehicles owned by him is not accepted by the Taxation Officer for the reason that the petitioner has 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. 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. Following the aforesaid judgment, this court also has disposed of a batch of writ petitions including WP(C) No.1208/08. 2. Adopting the same reasoning as adopted in the aforesaid cases, I dispose of this writ petition also directing that WPC 17805/08 :2 : the Motor Vehicles Tax tendered by the petitioner 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 petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp