IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 5829 of 2008(R) ------------------------- PETITIONERS: ---------------- 1. THE PAPPINISSERI HIDAYATHUL ISLAM SANGHAM P.O., PAPPINISSERI, KANNUR DISTRICT REPRESENTED BY ITS PRESIDENT K.HAMSA HAJI, S/O.ABOOBACKER HAJEE AGED 64 YEARS, P.O.PAPPINISSERI, KANNUR DISTRICT. 2. THE MANAGER, HIDAYATH ENGLISH MEDIUM HIGH SCHOOL, P.O.PAPPINISSERI, KANNUR DISTRICT. BY ADV. SRI.S.MAMMU RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF TRANSPORTS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWERS, VAZHUTHAKADU, THIRUVANANTHAPURAM 3. THE REGIONAL TRANSPORT OFFICER, KANNUR. 4. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KANNUR. BY GOVT.PLEADER SRI.TEKCHAND SRI.PAULSON C. VARGHESE, SC FOR KMTWWF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2008, ALONG WITH WP(C) NOS. 5853 & 5863 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NOS. 5829, 5853 & 5863 OF 2008 ============================ Dated this the 19th day of February, 2008 J U D G M E N T In all these cases, the complaint of the writ petitioners 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 5829, 5853,5863/08 :2 : Adopting the same reasoning as adopted in the aforesaid cases, I dispose of these writ petitions also directing that the Motor Vehicles Tax tendered by the petitioners 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 petitions are disposed of as above. ANTONY DOMINIC,JUDGE. Rp