IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6213 of 2008(M) ------------------------- PETITIONER: --------------- THE MANAGER, SREE SARASWATHY VIDYAMANDIR SECONDARY SCHOOL, KARIKODE P.O., PERUVA (VIA), KOTTAYAM DISTRICT. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, MOTOR VEHICLES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB REGIONAL TRANSPORT OFFICER, VAIKOM. 3. THE DISTRICT OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, DISTRICT OFFICE, KOTTAYAM. BY GOVT.PLEADER SRI.C.K.GOVINDAN SRI.P.RAMAKRISHNAN, SC,KMTWWF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 6213 OF 2008 M ==================== Dated this the 22ndday of February, 2008 J U D G M E N T The complaint of the writ petitioner 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 6213/08 :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 petitioner 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