IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 27304 of 2011(K) ------------------------- PETITIONER : -------------------- THOMAS ANTONY, KAROTTUTHONIPLAKKAL HOUSE, THITHIYOOR, KAKKANAD, KOCHI-682 037. BY ADV. SRI.PRASAD CHANDRAN RESPONDENT(S): -------------------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM, PIN- 682 026. 2. THE REGISTERING AUTHORITY (TAXATION OFFICER), REGIONAL TRANSPORT OFFICE, ERNAKULAM, PIN-682 030 R1 BY ADV. SRI. P. RAMAKRISHNAN, SC R2 BY GOVT. PLEADER SRI. S. JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 27304 of 2011(K) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT -P1 TRUE COPY OF THE REGISTRATION PARTICULARS IN RESPECT OF KL-07/BM 4707. EXHIBIT -P2 TRUE COPY OF THE DRIVING LICENCE NO.7/1303/1976 OF THE PETITIONER. EXHIBIT -P3 TRUE COPY OF THE RECEIPT OF THE 1ST RESPONDENT EVIDENCING PAYMENT OF CONTRIBUTION DATED 28/12/2010. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.27304 OF 2011 ---------------------------------------------- Dated this the 17th day of October, 2011 JUDGMENT The petitioner is a self employed person. He makes his livelihood with the help of a vehicle, Mahindra Bolero camper. The petitioner wanted to pay motor vehicle tax in respect of that vehicle. The 2nd respondent insisted on production of a clearance certificate for payment of motor vehicle tax under Kerala Motor Transport Workers' Welfare Fund Act as a condition for accepting motor vehicle tax. According to the petitioner, the petitioner has already crossed the age of 60 years and therefore, he cannot continue as a member of the Kerala Motor Transport Workers' Welfare Fund. Consequently, he is not liable to pay any contributions under the Act now. The petitioner points out that this Court has, in T.A. Aleemul Islam Trust v. State of Kerala [2009(4) KLT 225], already held that persons, who have crossed the age of 60 years, are not expected to pay contributions in respect of Motor Transport Workers' Welfare Fund for the purpose W.P.(C)No.27304/11 2 of acceptance of motor vehicle tax. The petitioner, therefore, seeks the following reliefs: “i) to declare that the 1st respondent is not entitled to seek any clearance certificate or proof regarding remittance of contribution to the Motor Transport Workers Welfare Fund Board in respect of the vehicle owned by the petitioner; ii) to issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to accept the tax in respect of the vehicle owned by the petitioner bearing Registration No.KL-07/BM 4707 without insisting proof regarding remittance of contribution towards Motor Transport Workers Welfare Fund Board.” 2. I have heard the learned Government Pleader appearing for the 2nd respondent and the learned Standing Counsel appearing for the 1st respondent. 3. In view of the decision referred above, I am of opinion that the petitioner is entitled to pay the motor vehicle tax without production of Clearance Certificate, under the Motor Transport Workers' Welfare Fund Act. 4. In the above circumstances, the 2nd respondent is directed to receive the motor vehicle tax in respect of the petitioner's vehicle having Registration No.KL-07/BM 4707 when tendered, without insisting on production of clearance W.P.(C)No.27304/11 3 certificate for payment of contributions under the Kerala Motor Transport Workers Welfare Fund Act. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.27304/11 4