IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 18779 of 2011(V) ----------------------------------------- PETITIONER(S): ------------------------- SHAIK PAREED,AGED 69 YEARS,S/O.HAIDROSE, 34/57,VALIYAVEEDU,EDAPPALLY.P.O,KOCHI-24. BY ADVS. SRI.N.K.MOHANLAL, SRI.K.S.DILU CHAKRAVARTHI. RESPONDENT(S): ---------------------------- 1. MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS SECRETARY, KOLLAM. 2. DISTRICT EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOLLAM. 3. REGIONAL TRANSPORT OFFICER,KAKKANAD, ERNAKULAM. R1 & R2 BY ADV. SRI. P.RAMAKRISHNAN, SC R3 BY SR. GOVERNMENT PLEADER SRI. JAMES MATHEW KADAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18779/2011 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF RC PARTICULARS. P2: COPY OF DRIVING LICENCE. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J. ================== W.P.(C).No. 18779 of 2011 ================== Dated this the 21st day of July, 2011 J U D G M E N T The petitioner is a taxi driver and owner of an autorickshaw bearing registration No.KL-07-AA 3581. The petitioner is aged 69 years. The petitioner wanted to pay motor vehicle tax in respect of his autorickshaw. But the 3rd respondent refused to accept the same without the petitioner paying contributions under the Motor Transport Workers' Welfare Fund scheme. The petitioner's contention is that since he is beyond the maximum age prescribed under the Motor Transport Workers' Welfare Fund Act for continuing as a member of the fund, the petitioner is not bound to pay any contributions and, therefore, the 3rd respondent cannot insist on payment of contributions under the Act as a condition for accepting motor vehicle tax. 2. I have heard the learned Standing Counsel for respondents 1 and 2 as well as the learned Government Pleader appearing for the 3rd respondent. 3. As rightly pointed out by the petitioner, since the petitioner has crossed the maximum age for being a member of the Motor Transport Workers' Welfare Fund, the petitioner is not expected to pay any contributions under the said Act. Therefore, the 3rd respondent is bound to accept motor vehicle tax in respect of the vehicle viz., KL 07 AA w.p.c.18779/11 2 3581. Accordingly, this writ petition is disposed of with a direction to the 3rd respondent to accept the motor vehicle tax in respect of the said vehicle without insisting on payment of contributions under the Motor Transport Workers' Welfare Fund Act. Interlocutory application stands closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge