IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 681 of 2011(I) ---------------------------------- PETITIONER(S): ---------------------- 1. KRISHNAN NAMBIAR, S/O. OTHENAN, AGED 63 YEARS, 6/527, MEETHALEVEETTIL, P.O. PARASSINIKKADAVU, KALLIASSERY, KANNUR DISTRICT. 2. KUNHI MOIDEENKUTTY.P, S/O. IBRAHIM, AGED 72 YEARS, PALATHINDAVIDE HOUSE, BALIPATTANAM, KANNUR DISTRICT. 3. SREEDHARAN. K, S/O.KARUVAN, AGED 60 YEARS, MAKKUNDATHIL HOUSE, CHEKKIKULAMM. P.O, KOODALI, KANNUR DISTRICT. 4. MOIDU. C, S/O. ABDURAHIMAN, AGED 61 YEARS, CHEPILAT HOUSE, P.O. VALAPATTANAM, KANNUR DISTRICT. 5. P.V. PARAMESWARAN, S/O. P. OTHENAN, AGED 72 YEARS, PULIYERI HOUSE, CHIRAKKAL.P.O, KANNUR DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE, SRI.K.R.AVINASH (KUNNATH). RESPONDENT(S): -------------------------- 1. THE REGIONAL TRANSPORT OFFICER, TAXATION, KANNUR-670 001. 2. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, REPRESENTED THROUGH DISTRICT EXECUTIVE OFFICER, KANNUR -670 001. 3. THE GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR DEPARTMENT, TRIVANDRUM-695 001. R1 & R3 BY GOVT. PLEADER MR.BIJOY CHANDRAN. R2 BY ADV. SRI.NAVEEN. T, SC, KMTWWFB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 681 of 2011 --------------------------------- Dated this the 10th day of January, 2011 JUDGMENT Petitioners are registered owners of goods vehicles which are plied by themselves as self employment venture. According to the petitioners, all of them are persons who had crossed the age of 60 years. As such contention is that the petitioners will not fall within the purview of Kerala Motor Transport Workers Welfare Fund Act as well as the scheme framed thereunder. 2. The issue raised now stands covered by a decision of this court in Ta-Aaleemul Islam Trust and others vs. State of Kerala and others (2009(4)KLT 225). Grievance of the petitioner is that without considering the above position, motor vehicle tax due with respect to their vehicles are not accepted by the 1st respondent, insisting production of proof regarding payment of contributions to the Kerala Motor Transport Workers Welfare Fund. Hence the petitioner seeks appropriate direction for accepting tax without insisting for payment of contributions to the Welfare Fund. WP(C).681/2011 2 2. Heard, learned Government Pleader appearing on behalf of respondents as well as Standing Counsel appearing for the 2nd respondent. Since the issue stands covered I am of the view that a direction can be issued to the 1st respondent to accept motor vehicle tax without insisting for production of proof regarding payment of contribution to the WelfareFund. 3. In the result the writ petition is allowed. The 1st respondent is directed to accept motor vehicle tax with respect to the vehicle bearing Nos.KRC-4981, KL-5-B-2133, KRC-95, KL- 13-A-9907 and KLZ-3085 belonging to the petitioners without insisting for proof regarding payment of contribution to the welfare fund, provided the petitioners produce proof regarding ownership of the vehicles and , heavy vehicle driving licence and badge, in order to prove the fact that they are plying the vehicle owned by them by their own and that they have crossed the age of 60 years. C.K.ABDUL REHIM,JUDGE pmn/ WP(C).681/2011 3