IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 30116 of 2010(L) ----------------------------------------- PETITIONER(S): ------------------------- GOPI T.V., H.NO.4/295, THUNDATHIL HOUSE, KUZHUPPILLY, AYYAMPPILLY P.O., ERNAKULAM. BY ADVS. SRI.V.G.ARUN, SRI.PRASAD CHANDRAN. RESPONDENT(S): ---------------------------- 1. THE EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM, PIN-682 011. 2. THE REGISTERING AUTHORITY (TAXATION OFFICER), REGIONAL TRANSPORT OFFICE, NORTH PARAVUR, ERNAKULAM-683 513. R1 BYADV. SRI. P.RAMAKRISHNAN, SC, KMTWWFB R2 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.30116 of 2010 ------------------------------------------- Dated this the 30th day of September, 2010 J U D G M E N T ---------------------- Grievance of the petitioner is against non acceptance of motor vehicle tax, insisting for production of proof regarding payment of contributions to the Motor Transport Workers Welfare Fund. The petitioner is the registered owner of a passenger Autorikshaw bearing No.KL-42/C-5075, which according to the petitioner is intended for plying by himself as a means of self-employment. It is contended that the petitioner is aged more than 60 years. Referring to Section 2(d) and (e) of the Kerala Motor Transport Workers Welfare Fund Act as well as to clause 2(o) of the Scheme formulated thereunder, it is contended that the petitioner will not fall within the definition of a worker under the Act or a member of the scheme, since he is intending to ply the vehicle by himself and since he had W.P.(C).30116/10-L -2- crossed the age of 60 years. 2. The issue raised in this writ petition is covered by a decision of this court in TA-Aleemul Islam Trust Vs. State of Kerala (2009 (4) KLT 225). Learned Standing Counsel appearing for 1st respondent fairly conceded on the legal position as stated above. In view of the settled legal position, I am of the opinion that the writ petition can be allowed. 3. In the result the writ petition is allowed and the 2nd respondent is directed to accept motor vehicle tax due with respect to the passenger Autorikshaw bearing No.KL- 42/C-5075, without insisting for proof regarding payment of contributions to the Welfare Fund. C.K.ABDUL REHIM, JUDGE. okb