IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 16720 of 2011(L) -------------------------------------- PETITIONER: ------------------- PRAJITH.A.K., S/O.DAMODARAN, ALARAMBIL HOUSE, NEAR POLICE STATION, IRITTY P.O, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS. RESPONDENTS: ------------------------ 1. THE JOINT REGIONAL TRANSPORT OFFICER, THALASSERY-670 703. 2. THE CHIEF EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KANNUR- 670 001. 3. STATE OF KERALA, REP.BY SECRETARY, DEPARTMENT OF TRANSPORT, THIRUVANANTHAPURAM-695 001. R1 & R3 BY GOVT. PLEADER SRI. BIJOY CHANDRAN, R2 BY ADV. SRI.T.NAVEEN.S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16720/2011-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE R.C. BOOK IN RESPECT OF THE VEHICLE BEARING REGISTRATION NO.KL.58/A 4422. EXT.P.2: COPY OF THE DRIVING LICENCE OF THE PETITIONER. EXT.P.3: COPY OF THE APPLICATION DTD. 16/05/2011 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.4: COPY OF THE D.D. NO. 247911. EXT.P.5: COPY OF THE ORDER ISSUED BY THE R.1. DTD. 01/06/2011. EXT.P.6: COPY OF THE MOTOR INSURANCE COVER NOTE. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. SIRI JAGAN, J. ........................................... W.P.(C).NO.16720 OF 2011 ............................................. Dated this the 5th day of July, 2011. JUDGMENT The petitioner is the owner of a tipper lorry bearing Reg.No.KL58/A/4422. When the petitioner offered to pay motor vehicle tax, the first respondent refused to accept the same on the ground that the petitioner produces proof of payment of the Kerala Motor Transport Workers Welfare Fund. The petitioner’s contention in this writ petition is that since the petitioner himself is the owner and driver, the petitioner is not liable to be covered under the Scheme and therefore, he is not liable to pay any contribution also. In such circumstances, it is unjust to insist on payment of contribution under the Kerala Motor Transport Workers Welfare Fund Act, is the contention raised. 2. The learned standing counsel for the 2nd respondent points out that under the Kerala Motor Transport Workers Welfare Fund Scheme, 1985, even self employed persons are liable to be covered under the Scheme and therefore W.P.(C).NO.16720 OF 2011 : 2 : self employed persons are also to pay contributions. He submits that the petitioner has not even applied for registration under the Scheme. I have considered the rival contentions in detail. As rightly pointed out by the standing counsel for the 2nd respondent, even self employed persons are liable to be covered under the Act and Scheme. As such the petitioner cannot take the stand that since the petitioner is a self employed person, he is not liable to pay contribution. The contributions paid by him will ultimately come to him only. In the above circumstances, I do not think that the petitioner can contend that the tax is to be accepted without proof of payment of contribution under the Kerala Motor Transport Workers Welfare Fund Scheme. Accordingly, this writ petition is disposed of without prejudice to the right of the petitioner to pay tax producing proof of payment of contribution under the Kerala Motor Transport Workers Welfare Fund Act and Scheme. Sd/= S. SIRI JAGAN, JUDGE. cl /true copy/