IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 6400 of 2011(Y) ------------------------- PETITIONER(S): ----------------------- 1. JOSEPH K.V., AGED 72 YEARS, S/O.VARKEY, KACHAPPILLY HOUSE, THOPPIL WEST, VEDIMARA, MANNAM P.O., NORTH PARAVUR, ERNAKULAM. 2. PAILY P.A., AGED 72 YEARS, S/O.ANTHO, PUTHIYAVEETTIL HOUSE, GOTHURUTH P.O., NORTH PARAVUR, ERNAKULAM. 3. CHANDRAN N.M., AGED 68 YEARS, S/O.MADHAVAN, NIKATHIL HOUSE, KEDAMANGALAM, NORTH PARAVUR, ERNAKULAM. 4. FRANCIS K.C., AGED 65 YEARS, S/O.CHEEKU, KALARITHARA HOUSE, 12/139 KIZHAKKEPRAM, PARAVOOTHARA, NORTH PARAVUR, ERNAKULAM. BY ADV. SRI.P.T.SEBASTIAN TOMY RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE CHIEF DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM-682018. 3. THE REGIONAL TRANSPORT OFFICER, ERNAKULAM. 4. THE COMMISSIONER, MOTOR TRANSPORT, TRIVANDRUM. (*ADDRESS OF 4TH RESPONDENT IS CORRECTED AS PER ORDER DATED 11.3.2011 IN I.A.No. 4115 OF 2011) *4. THE TRANSPORT COMMISSIONER, OFFICE OF THE TRANSPORT COMMISSIONERATE, EAST FORT, TRIVANDRUM - 695 036. 5. THE JOINT REGIONAL TRANSPORT OFFICER, NORTH PARAVUR-685513. GOVT. PLEADER SRI.M.A.AZIF FOR R1 & R3-R5. ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kp W.P.(C).No.6400 OF 2011 APPENDIX: PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF DRIVING LICENSE OF THE 1ST PETITIONER. EXT.P1(a): TRUE COPY OF OWNERSHIP CERTIFICATE OF THE 1ST PETITIONER. EXT.P2: TRUE COPY OF DRIVING LICENSE OF THE 2ND PETITIONER. EXT.P2(a): TRUE COPY OF OWNERSHIP CERTIFICATE OF THE 2ND PETITIONER. EXT.P3: TRUE COPY OF DRIVING LICENSE OF THE 3RD PETITIONER. EXT.P3(a): TRUE COPY OF OWNERSHIP CERTIFICATE OF THE 3RD PETITIONER. EXT.P4: TRUE COPY OF DRIVING LICENSE OF THE 4TH PETITIONER. EXT.P4(a): TRUE COPY OF OWNERSHIP CERTIFICATE OF THE 4TH PETITIONER. EXT.P5: TRUE COPY OF THE REPRESENTATION DATED 11.2.2011 SUBMITTED BY THE 1ST RESPONDENT TO 5TH RESPONDENT. RESPONDENTS' EXHIBTS: NIL //TRUE COPY// P.A. TO JUDGE. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 6400 OF 2011 -------------------------- Dated this the 11th day of March, 2011 J U D G M E N T The prayer in this writ petition filed by four petitioners, who are aged above 65 years, is for an order directing the respondents not to insist on payment of welfare fund contribution by registered owners like them who operate their own vehicles. 2. When the writ petition came up for hearing today, Sri.P.Ramakrishnan, learned standing counsel appearing for the Kerala Motor Transport Workers Welfare Fund Board submitted on instructions that the issue raised by the petitioners is covered in their favour by the decision of a learned single Judge of this Court in TA-Aleemul Islam Trust v. State of Kerala (2009 (4) KLT 225) wherein it was held that the persons who have crossed the age of 60 years and are operating their own vehicles as self employed persons cannot be compelled to pay contribution to the fund and that in such cases they are not bound to produce clearance certificate for payment of tax as contemplated under section 8A of the Kerala Motor Transport Workers Welfare Fund, 1985. WPC No.6400/2011 2 In the light of the said submission and having regard to the fact that the issue is no longer res integra, I dispose of the writ petition with a direction to the respondents not to insist that the petitioners should pay any contribution to the fund so long as they operate their vehicles as self employed persons. P.N.RAVINDRAN, (JUDGE) vps WPC No.6400/2011 3 WPC No.6400/2011 4