IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 25313 of 2011(L) --------------------------------------- PETITIONER(S): ------------------------ 1. PAULSON T.P,AGED 66,S/O.THOMAN POULOSE, THACHAPARAMBIL HOUSE,CHALAKUDY P.O- 680 307. 2. E.V.KOCHAPPAN,AGED 64,S/O.VAREED, ELANJIKAL HOUSE,P.O CHATTIKULAM, KODASSERY P.O, 680 721. 3. PURUSHOTAMAN, AGED 63 YEARS,S/O.RAMAN, KALAYIL HOUSE,KADUPUZHA, CHALAKUDY P.O.680 307. BY ADV. SRI.SHEEJO CHACKO SRI.SANGEETH C. SUBRAMANIAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM P.O 696 001. 2. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWER, VAZHUTHAKADU, THIRUVANANTHAPURAM P.O- 696 001. 3. THE REGIONAL TRANSPORT OFFICER & TAXATION OFFICER, THRISSUR P.O, 696 001. 4. JOINT REGIONAL TRANSPORT OFFICER, IRINJALAKUDA P.O, 680 121. 5. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS, WELFARE FUND BOARD, TRICHUR P.O, 680 001. BY GOVT. PLEADER SRI.JAMES MATHEW KADAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.25313/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1:-THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF 1ST PETITIONERS VEHICLE ALONGWITH DRIVING LICENSE. EXHIBIT P2:-THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF 2ND PETITIONERS VEHICLE ALONGWITH DRIVING LICENSE. EXHIBIT P3:- THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF 3RD PETITIONERS VEHICLE ALONGWITH DRIVING LICENSE. EXHIBIT P4:-THE TRUE COPY OF THE JUDGMENT REPORTED IN 2009 (4) KLT 225. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A.TO JUDGE tss S.SIRI JAGAN, J. ================== W.P.(C).No. 25313 of 2011 ================== Dated this the 29th day of September, 2011 J U D G M E N T The petitioners are operating taxi vehicles. They are holding valid driving licences and badges. They are self employed persons. They have already crossed the age of 60 years. They want to pay motor vehicle tax in respect of their vehicles. But the same is not being accepted for want of production of clearance certificate for payment of motor transport welfare fund contributions. The petitioners contend that all the petitioners have crossed 60 years of age and, therefore, they are statutorily not eligible to be continued as members of the Motor Transport Welfare Fund. Consequently, they are not required to pay contributions also. Therefore, the question of production of clearance certificates from the Motor Transport Welfare Fund Board does not also arise. The petitioners, therefore, seek the following reliefs: “1. To issue a writ of mandamus or other appropriate writ, order direction directing 2nd respondent to accept and receive Vehicle tax payable in respect of petitioner's vehicles without insisting upon payment of motor worker welfare fund contribution as held in Ext.P4 judgment. 2. To declare that petitioner (sic) who are operating the vehicles as self employed persons and crossed the age of 60 years are not liable to effect any contribution to motor workers welfare fund.” 2. I have heard the learned Government Pleader and the learned Standing Counsel appearing for the 5th respondent also. w.p.c.25313/11 2 3. It is settled law as per Ext.P4 judgment, that the persons who have crossed 60 years of age are not required to pay contributions to the Motor Transport Welfare Fund Board. Consequently. It is unjust and unreasonable to direct production of clearance certificates from the Board for acceptance to motor vehicle tax in respect of the vehicles in question. In the above circumstances, if the petitioners tender motor vehicle tax along with evidence to show that they have crossed the age of 60 years, the 4th respondent shall accept the motor vehicle tax in respect of the vehicles. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge