IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 11385 of 2009(P) ---------------------------------------------- PETITIONER(S): ---------------------- RADHAMANI, W/O.T.V.LALAN, HOUSE NO.16/1945, "PRADEEPS", KOCHUPALLY ROAD, KOCHI-5. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): ------------------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, MATTANCHERRY. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, THIRUVANANTHAPURAM. 3. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM, REPRESENTED BY ITS SECRETARY. R1 & R2 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R3 BY SHRI P. RAMAKRISHNAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 11385 OF 2009 P -------------------------------------- Dated this the 8th April, 2009 JUDGMENT According to petitioner, she is running a driving school. I heard the learned counsel for the petitioner and the learned Government Pleader. There is no dispute with respect to the vehicles covered by Exts.P1 and P3 that they are used for driving school and, therefore, it is covered by the Division Bench Judgment of this Court. Accordingly, there will be a direction to the first respondent to accept tax in respect of the vehicles covered by Exts.P1 and P3 without insisting on clearance of the contribution to the Kerala Motor Transport Workers Welfare Fund. As regards the vehicle covered by Ext.P2, there is some dispute. There will be a further direction to the first respondent to look into the documents produced by the petitioner and consider whether it is a driving school vehicle and if it is found to be a driving school vehicle, there will be a direction to receive tax in respect of the said vehicle also WPC.11385/09 P 2 without insisting on contribution towards the Motor Transport Workers Welfare Fund. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge