IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 WP(C).No. 13051 of 2011(F) ---------------------------------- PETITIONER(S): --------------- KARTHIKEYAN V.M., AGED 65 YEARS, S/O. V.K.MAHI, VATHRATHUNDI HOUSE, AYYAPPANKAVU, KOCHI - 18. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): -------------------- REGIONAL TRANSPORT OFFICER, OFFICE OF REGIONAL TRANSPORT OFFICER, KAKKANAD, ERNAKULAM-682 030. GOVERNMENT PLEADER ADV. SMT. R. BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. SURENDRA MOHAN, J. ----------------------------------- W.P.(C) No.13051 OF 2011 --------------------------------------- Dated this the 6th day of May, 2011 JUDGMENT The petitioner has filed this writ petition challenging the action of the respondent in insisting on production of a Clearance Certificate or No Objection Certificate from the Motor Transport Workers' Welfare Fund Bord as a precondition for receiving his motor vehicle tax. According to the petitioner, he is not entitled to the benefits of the Motor Transport Workers' Welfare Fund Act. No membership under the Motor Transport Workers' Welfare Fund Scheme also is available to a senior citizen like him. Therefore, this Court has, in the decision reported in TA- Aleemul Islam Trust v. State of Kerala [2009(4) KLT 225], held that persons above the age of 60 years need not obtain or produce such a Clearance Certificate from the Motor Transport Workers' Welfare Fund Board. Therefore, he seeks a direction to the respondent to accept his vehicle tax without insisting on production of a Clearance Certificate or No Objection Certificate. W.P.(C)No.13051/10 2 2. I have heard the learned Government Pleader also. 3. In view of the fact that the petitioner is a senior citizen, who is not eligible to be a member of the Motor Transport Workers' Welfare Fund Board, the insistence of the respondent that the petitioner should produce a Clearance Certificate from the Motor Transport Workers' Welfare Fund Board as a precondition for accepting his vehicle tax is unjustified. In the above circumstances, this writ petition is allowed. The respondent is directed to receive the motor vehicle tax of the petitioner's vehicle bearing Registration Number KL7-AQ 933 without insisting on his producing a Clearance Certificate or No Objection Certificate from the Motor Transport Workers' Welfare Fund Board. K. SURENDRA MOHAN, JUDGE acd W.P.(C)No.13051/10 3 W.P.(C)No.13051/10 4