IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 12558 of 2010(T) -------------------------------------- PETITIONER: ------------------- VANROSE,S/O.CHAMI NADAR, MANALIVILA VEEDU,KOZHIVILA, PARASSALA P.O, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER (KARAKONAM). RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MOTOR VEHICLE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGIONAL TRANSPORT OFFICER, THIRUVANANTHAPURAM. 3. THE SUB REGIONAL TRANSPORT OFFICER, PARASSALA. R1 TO R3 BY GOVT. PLEADER SRI. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.12558 of 2010-T ---------------------------- Dated this the 8th day of April, 2010. J U D G M E N T The issue involved is whether the vehicles bearing Nos.KL- 10/3002 and KRV 4565 owned and operated by the petitioner for imparting training in the driving schools and the persons engaged in such vehicles as Instructors will come within the purview of Kerala Motor Transport Workers Welfare Fund Act and and whether any clearance certificate has to be obtained from the concerned authority, so as to remit the tax in respect of the said vehicles. 2. Heard the learned Government pleader as well. 3. The issue had come up for consideration before this Court earlier and the position stands answered in favour of the persons like the petitioner, as per the decision referred by the Division Bench in Rajesh V. Joint RTO (2009(2) KLT 615). 4. In the above circumstances, the third respondent is directed to accept the Motor Vehicles Tax in respect of the vehicles bearing No.KL-10/3002 and KRV 4565 belonging to the petitioner for the period from 1.4.2010 to 31.3.2011, without insisting for W.P(C) No.12558 of 2010-T 2 clearance under the Kerala Motor Transport Workers Welfare Fund Act/Scheme, so long as the said vehicles continue to be in the name of the petitioner and are being operated on the basis of the permits issued, for the purpose as shown in Exts.P4 and P5. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab