IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 WP(C).No. 37574 of 2007(W) ---------------------------------------- PETITIONERS: ---------------------- 1. PRINCIPAL, MAMBARAM ENGLISH MEDIUM SCHOOL, P.O. MAMABARAM, THALASSERY-670141. 2. MANAGER, MAMBARAM ENGLISH MEDIUM SCHOOL, P.O. MAMABARAM, THALASSERY-670141. 3. PRICIPAL, MAMBARAM HIGHER SECONDARY SCHOOL, P.O. MAMABARAM, THALASSERY-670141. 4. MANAGER, MAMBARAM HIGHER SECONDARY SCHOOL, P.O. MAMABARAM, THALASSERY-670141. 5. PRESIDENT, MAMBARAM EDUCATIONAL SOCIETY, P.O. MAMABARAM, THALASSERY-670141. BY ADV. SRI.P.M.PAREETH RESPONDENTS: ------------------------ 1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWERS, VAZHUTHAKKAD, THIRUVANANATHAPURAM. 3. JOINT REGIONAL TRANSPORT OFFICER, THALASSERY. 4. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KANNUR. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD BY ADV. SRI.PAULSON C.VARGHESE,SC,KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.37574/2007 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-8B-8119. EXT.P1(A): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-13H-5791. EXT.P1(B): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-13J-9442. EXT.P1(C): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-13L-4043. EXT.P1(D): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-13N-5115. EXT.P1(E): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-19Q-7082. EXT.P1(F): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-13L-2002. EXT.P1(G); COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-58-3689. EXT.P1(H): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-58-9673. EXT.P1(I): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-58-9655. EXT.P1(J): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-10-J-6318. EXT.P1(K): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-13F-1882. EXT.P1(L): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-13F-9263. EXT.P1(M): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-13H-5085. EXT.P1(N): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-13B-7788. EXT.P1(O): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-13E-4700. Kss .2/- ...2... WPC.NO.37574/2007 W EXT.P1(P): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-13B-4744. EXT.P1(Q): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-13D-4536. EXT.P1(R): COPY OF THE RELEVANT PAGES OF THE RC BOOK IN RESPECT OF THE BUS NO.KL-13E-1791. EXT.P2: THE DETAILS OF REGISTRATION NUMBER OF VEHICLES. EXT.P3: COPY OF TH4E D.D.NO.71168 DTD. 15/12/07 FOR RS.1000/-. EXT.P4: COPY OF THE UNDATED NOTICE. EXT.P5: COPY OF THE INTERIM ORDER DTD. 6/11/07 IN WP(C) NO. 32904/07. EXT.P6: COPY OF THE TEMPORARY REGISTRATION CERTIFICATE DTD. 1/03/08. /TRUE COPY/ P.A. TO JUDGE Kss ANTONY DOMINIC, J. =============== W.P.(C) NO. 37574 OF 2007 W ==================== Dated this the 6th day of March, 2008 J U D G M E N T The complaint of the writ petitioners is that the Motor Vehicles Tax in respect of the vehicles owned by them is not accepted by the Taxation Officer for the reason that the petitioners have not produced certificate as required under Section 8(A) of the Motor Transport Workers Welfare Fund Act of having discharged their dues under the Motor Transport Workers Welfare Fund Scheme. Based on the Government clarification that Educational institutions are not Motor Transport Undertakings, this court has already rendered judgment in the case of Toc'H Public School v. District Executive Officer (1992(1) KLT S.N.Case NO.49) that it is not the requirement of educational institutions to make payment of the welfare fund dues. Following the aforesaid judgment, this court also has disposed of a batch of writ petitions including WP(C) No.1208/08. WPC 37574/08 :2 : Adopting the same reasoning as adopted in the aforesaid cases, I dispose of this writ petition also directing that the Motor Vehicles Tax tendered by the petitioners herein will be accepted by the Taxation Officer without insisting on certificate as specified under Section 8(A) of the Motor Transport Workers Welfare Fund Act. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp