IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 5692 of 2011(J) -------------------------------- PETITIONER(S): ------------------- MURALEEDHARAN PILLAI, S/O.BHASKARAN PILLAI, AGED 61 YEARS, BHASKAR NIVAS, PILAPUZHA, HARIPPAD P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.M.R.ARUN KUMAR RESPONDENT(S): -------------------- 1. THE SUB REGIONAL TRANSPORT OFFICER, OFFICE OF THE SUB REGIONAL TRANSPORT OFFICE, KERALA STATE MOTOR VEHICLE DEPARTMENT, KAYAMKULAM - 688 614. 2. THE REGIONAL OFFICER, OFFICE OF THE R.T.O., COLLECTORATE, ALAPPUZHA - 688 501, CIVIL STATION P.O.. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF KARALA STATE TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM P.O.-695 001. BY GOVT.PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.5692 of 2011-J ---------------------------------------- Dated this the 3rd day of March, 2011. J U D G M E N T The petitioner is the registered owner of a motor car bearing registration No.KL 29-B/8266. According to the petitioner the vehicle is being plied as a taxi, driven by the petitioner himself, who had crossed the age of 60 years. Therefore, contention of the petitioner is that, he is not liable to pay contributions to the welfare fund constituted under the Kerala Motor Transport Workers Welfare Fund Act, since the petitioner will not come within the purview of the provisions of the Act as well as the scheme framed thereunder. 2. The question involved in this writ petition now stands covered by a decision of this Court in T.A Aleemul Islam Trust & Others V. State of Kerala & others (2009(4) KLT 225). Therefore, I am of the view that the petitioner could not be insisted upon, for payment of contributions to the motor transport workers welfare fund. W.P(C) No.5692 of 2011-J 2 There is no justification on the part of the respondents in not accepting the motor vehicles tax due with respect to the said vehicle, insisting upon production of proof regarding payment of contributions. 3. Accordingly, the writ petition is disposed of directing respondents 1 and 2 to accept motor vehicles tax due with respect to vehicle bearing No.KL 29-B/8266, subject to condition of the petitioner producing the registration certificate of the vehicle to prove the ownership, as well as his License and Badge to prove that the petitioner is running the vehicle by himself and that he had crossed the age of 60 years. C.K.ABDUL REHIM JUDGE ab