IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 13928 of 2011(M) --------------------------------------- PETITIONERS: --------------------- 1. K.PRAKASH BABU, S/O.ACHUTHAN, KALATHIL HOUSE, P.O.AZHIKODE, VAIPARAMBA, KANNUR DISTRICT. 2. N.PURUSHOTHAMAN, S/O.ACHUTHAN, NARIKUTTY, PUTHIYAPARAMBA, CHIRAKKAL, KANNUR DISTRICT. BY ADVS. SRI.A.MOHAMED MUSTAQUE, SRI.K.R.AVINASH (KUNNATH). RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT OFFICER, TAXATION, KANNUR-1. 2. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, REPRESENTED THROUGH DISTRICT EXECUTIVE OFFICER, KANNUR-1. 3. THE GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR DEPARTMENT, TRIVANDRUM-1. R1 & R3 BY GOVT. PLEADER SRI. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.13928 of 2011 ------------------------------------------- Dated this the 24th day of May, 2011 J U D G M E N T ---------------------- Grievance of the petitioners is that, Motor Vehicle Tax due with respect to Goods Carriage vehicles owned by the petitioners, bearing Regn.Nos:KL-13/E-3020 and KL-14/C-603, was not accepted, insisting on production of proof regarding payment of contributions to the Kerala Motor Transport Workers Welfare Fund. It is stated that the petitioners are plying the Goods Carriage vehicles by themselves as a self-employment venture and that they are aged more than 60 years. The petitioners have produced Ext.P1 and P2 Registration Certificates as well as Ext.P3 and P4 Driving Licences, which will support the above contentions. It is contended that since the petitioners are plying the Goods Carriages by themselves and since they are persons who had crossed the age of 60 years, they are not liable for payment of any contributions to the Welfare Fund, since they will not come within the definition of 'employer' W.P.(C).13928/11 -2- under the Act and within the definition of 'member' as defined under the Welfare Fund Scheme. 2. The legal position in this regard stands settled in favour of the petitioners by virtue of a decision of this court in TA-Aleemul Islam Trust and others Vs. State of Kerala (2009 (4) KHC 259). 3. Under the above circumstances the writ petition is allowed directing the 2nd respondent to accept motor vehicle tax due with respect to the vehicles in question, without insisting upon production of proof regarding payment of contributions to the Welfare Fund, subject to condition of the petitioners producing proof regarding ownership of the vehicles, and their licences and Badges in order to prove that they are plying the vehicles by themselves as well as the fact that they have crossed the age of 60 years. C.K.ABDUL REHIM, JUDGE. okb