IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 5697 of 2010(J) ------------------------- PETITIONER: --------------- N.P.REGHUVARAN,S/O.PRABHAKARAN, NALUKKALUMVELI,"KARTHIKA",CMC-7,KOKKOTHAMANGALAM VILLAGE, CHERTHALA TALUK. BY ADV. SRI.T.A.SHAJI SMT.S.SHEEJA KUMARY(AYOOR) RESPONDENTS: --------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE,CHERTHALA. 2. STATE OF KERALA,REPRESENTED BY THE SECRETARY GO GOVERNMENT,TRANSPORT DEPARTMENT, THIRUVANANTHAPURAM. 3. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD,REPRESENTED BY ITS CHIEF EXECUTIVE, ALAPPUZHA. BY GOVT. PLEADER SRI.BIJOY CHANDRAN SRI.K.HARILAL SC FOR KMTWWF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010, ALONG WITH WPC NO. 5665 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 5665/2010 & 5697/2010 ---------------------------- Dated this the 5th day of March, 2010. J U D G M E N T The issue involved in both these cases whether the petitioner could be directed to produce clearance certificate from the Kerala Motor Workers' Welfare Fund Board as to the satisfaction of the alleged liability in respect of the concerned vehicles, which are given permit and are being used for imparting instructions in driving as required under the Rules. 2. Heard Sri.T.A.Shaji, the learned counsel appearing for the petitioner, Sri.Bijoy Chandran, the learned Government Pleader appearing for the first and second respondents and Sri.K.Harilal, the learned standing counsel appearing for the third respondent. 3. The learned counsel for the petitioner submits that the issue has already been considered and decided by this Court as per the decision in Rajesh V. Joint RTO (2009(2) KLT 615, in favour of the persons like the petitioners. 4. In the above facts and circumstances, these Writ Petitions are also allowed and the first respondent is directed to W.P(C) No. 5665/2010 & 5697/2010 2 accept the vehicle tax from the petitioners in respect of the vehicles bearing No.KLY/7895 in W.P.(C) No.5665 of 2010 and in respect of the five vehicles bearing Nos.KEF-1282, KL-04-J/8770, KLO-1216, KLM-8148 and KLO-8546 belonging to the petitioner in other case (W.P(C) No.5697 of 2010), so long as the said vehicles are covered by valid permits given by the Registering Authority for imparting instructions in driving as provided under the relevant provisions of law. These Writ Petitions are disposed of. P.R.RAMACHANDRA MENON JUDGE ab