IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 22519 of 2008(E) -------------------------- PETITIONER: ------------ HEADMASTER, TRIKKOTTUR A,U,P,SCHIOOL, THIKKODI, KOZHIKODE673529. BY ADV. SRI.JIJI THOMAS SRIG.B.SHAMJITH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TRANSPORT, GOVERNMENT OF SECRETARIAT THIRUVANANTHAPURAM. 2. TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWERS, VAZHUTHAKKAD THIRUVANANTHAPURAM. 3. SUB REGIONAL TRANSPORT OFFICER, KOILANDY, KOZHIKODE. 4. DISTRICT EXECUTIVE OFFICER, KERALA TRANSPORT WORKERS WELFARE FUND BOARD KOZHIKODE. BY GP SRI. BEJOY CHANDRAN SC SRI.P. RAMAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).22519/2008 -------------------- Dated this the 25th day of July, 2008 JUDGMENT The issue raised is whether the petitioner is liable to make contribution under the Motor Transport Workers Welfare Fund Act, to remit the tax under the Motor Vehicles Taxation Act. 2. I heard learned counsel for the petitioner, learned counsel for the fourth respondent and learned Government Pleader. 3. Learned counsel for the fourth respondent submits that Writ Appeal No.752/2008 filed by them against the judgment of a learned Single Judge has been dismissed. In the light of this submission, writ petition is allowed by declaring that Ext.P1 does not apply to the petitioner's School buses. There will be a direction to the third respondent to accept and receive the tax payable in respect of the petitioner's school buses without insisting W.P.(C).22519/2008 2 for payment of contribution under the Kerala Motor Transport Workers Welfare Fund Act. V.GIRI, Judge mrcs