IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 28687 of 2009(E) -------------------------- PETITIONER(S): --------------- C.CHANDRAN, PANIKKASSERY HOUSE, PAZHAPPALLY THOMAS ROAD, VADUTHALA, KOCHI-23. BY ADV. SRI.V.G.ARUN SRI.PRASAD CHANDRAN RESPONDENT(S): --------------- 1. THE EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. 2. THE REGISTERING AUTHORITY (TAXATION OFFICER), REGIONAL TRANSPORT OFFICE, ERNAKULAM. GOVT. PLEADER SRI. MATHEW VADAKKEL ADV. SRI. P. RAMAKRISHNAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 28687 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th October, 2009. J U D G M E N T The petitioner owns an autorickshaw, which he has purchased for eking out his livelihood. The petitioner wanted to pay motor vehicles tax in respect of the vehicle. But, the 2nd respondent refused to accept tax without the petitioner producing clearance certificate in respect of payment of contributions under the Kerala Motor Transport Workers Welfare Fund Act. The petitioner's contention is that the petitioner is aged 61 years and therefore the petitioner is not entitled to be a member of the fund and hence he cannot also pay contributions under the said Act. Therefore, there is no logic in the 2nd respondent insisting on the petitioner producing clearance certificate in respect of payment of contributions under the said Act. The petitioner therefore seeks a direction to the 2nd respondent to accept tax in respect of the petitioner's vehicle under the Kerala Motor Vehicles Taxation Act without insisting on production of proof of payment of contributions under the Motor Transport Workers Welfare Fund Act. 2. Counsel for the 2nd respondent submits that the petitioner is not entitled to be enrolled as a member in the Kerala Motor Transport Workers Welfare Fund and therefore there is no question of issuing any clearance certificate to the petitioner in respect of payment of contributions. 3. I have heard the learned Government Pleader also. 4. When the petitioner has no right to be enrolled as a member of the Kerala Motor Transport Workers Welfare Fund, naturally no contribution would be accepted from the petitioner under that Act. That being so, as rightly pointed by the learned counsel for the petitioner, there is no logic in the 2nd respondent insisting on the petitioner producing clearance certificate for payment of contribution W.P.C. No. 28687/2009 -: 2 :- under the Motor Transport Workers Welfare Fund Act. Accordingly, the writ petition is allowed and the 2nd respondent is directed to accept motor vehicles tax in respect of autorickshaw No. KL-7/V-815 from the petitioner without insisting on proof regarding remittance of contribution under Kerala Motor Workers Welfare Fund Act. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.