IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 27891 of 2011(J) ------------------------ PETITIONERS: -------------------- 1. P.D.THRIVIKRAMAN, PARAYIL PUTHENVEEDU, KADATHY,MARKET PO, MUVATTUPUZHA 686 673. 2. ELDHOSE MATHEW, KOCHERY HOUSE,PIDAVOOR, PALLARIMANGALAM PO,KOTHAMANGALAM. 3. T.R.SIVARAJAN, THATTAMPARAMBIL HOUSE, THRIKKARIYOOR PO, THANKALAM, KOTHAMANGALAM. BY ADV. SRI.JOSE JOSEPH RESPONDENTS: ----------------------- 1. REGIONAL TRANSPORT OFFICER (TAXATION OFFICER), MUDAVOOR PO,MUVATTUPUZHA 686 669. 2. JOINT REGIONAL TRANSPORT OFFICER, (TAXATION OFFICER)REGIONAL TRANSPORT OFFICE, KOTHAMANGALAM 686 691. 3. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD,THODUOPUZHA 685 584. 4. THE STATE OF KERALA, REP.BY THE SECRETARY TO GOVT., DEPARTMENT OF TRANSPORT,SECRETARIAT, THIRUVANANTHAPURAM-01. R1, R2 & R4 BY GOVT. PLEADER SRI. S. JAMAL. R3 BY ADV. SRI. T. NAVEEN, SC, KMTWWFB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMG W.P (C) No.27891/2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1 – TRUE COPY OF THE LICENCE ISSUED TO THE 1ST PETITIONER. EXT.P1 (A) – TRUE COPY OF THE LICENCE ISSUED TO THE 2ND PETITIONER DATED 26-08-2011. EXT.P1 (B) – TRUE COPY OF THE LICENCE ISSUED TO THE 3RD PETITIONER DATED 17-09-2011. EXT.P2 – TRUE COPY OF THE RELEVANT PAGES OF RC OF THE VEHICLE BEARING REG No.KLL 266. EXT.P2 (A) – TRUE COPY OF THE RELEVANT PAGES OF RC OF THE VEHICLE BEARING REG No.KLN 4113. EXT.P2 (B) – TRUE COPY OF THE PERMIT FOR THE VEHICLE WITH REG No.KLL 266 DATED 31-03-2010. EXT.P2 (C) – TRUE COPY OF THE PERMIT FOR THE VEHICLE WITH REG No.KLN 4113 DATED 31-03-2010. EXT.P3 – TRUE COPY OF THE RC OF THE VEHICLE BEARING REG No.KL 09 M 6634. EXT.P3 (A) – TRUE COPY OF THE RC OF THE VEHICLE BEARING REG No.KRB 3074. EXT.P3 (B) – TRUE COPY OF THE PERMIT FOR THE VEHICLE WITH REG No. KL 09 M 6634 DATED 27-11-2010. EXT.P3 (C) – TRUE COPY OF THE PERMIT FOR THE VEHICLE WITH REG No.KRB 3074 DATED 02-07-2011. EXT.P4 – TRUE COPY OF THE RC OF THE VEHICLE BEARING REG No.KL 09 AK 5393. EXT.P4 (A) – TRUE COPY OF THE RC OF THE VEHICLE BEARING REG No.KRF 8233. EXT.P4 (B) – TRUE COPY OF THE PERMIT FOR THE VEHICLE WITH REG BEARING REG KL 07 AK 5393 DATED 24-05-2011. EXT.P4 (C) – TRUE COPY OF THE PERMIT FOR THE VEHICLE WITH REG No.KRF 8233 DATED 29-11-2010. RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C) No. 27891 OF 2011 ------------------------------------------------- DATED THIS THE 24th DAY OF OCTOBER, 2011 J U D G M E N T The Petitioners are running motor driving schools. They want to pay motor vehicle tax in respect of motor vehicles they use for running the schools. However, respondents 1 and 2 refused to accept the motor vehicle tax without clearance certificates from the 3rd respondent for payment of contributions under the Kerala Motor Transport Workers Welfare Fund Act. According to the petitioner, a Division Bench of this Court has in Rajesh V. Joint RTO (2009 (2) KLT 615) held that motor driving schools are not motor transport undertakings as defined under the Motor Transport Workers Welfare Fund Act, 1985 and therefore the petitioners are not liable to pay contributions under the Motor Transport Workers Welfare Fund Act. The petitioners therefore seek the following reliefs: (i) to issue a writ of mandamus or any other appropriate writ or order directing Respondents 1 & 2 to accept Motor Vehicle Tax in respect of petitioners' vehicles bearing Registration Nos.KLL 266, KLN 4113, KL 9M 6634, KRB 3074, KL 7 AK 5393 & KRF 8233 without insisting for production of clearance certificate from the 3rd respondent and without fine or penalty. W.P.(C) No.27891/2011 -2- (ii) to declare that petitioners' motor driving schools are not motor transport undertakings and, therefore, the petitioners are not liable to pay contribution to the Kerala Motor Transport Workers Welfare Fund constituted under the Kerala Motor Transport Workers Welfare Fund Act, 1985 for the instructors engaged by them in the driving schools.” I directed the standing counsel for the 3rd respondent to take instructions in the matter from the 3rd respondent. Today, the standing counsel submits that in view of the Division Bench decision (supra) the petitioners are not liable to pay contributions under the Motor Transport Workers Welfare Fund Act, 1985. If that be so, the petitioners are entitled to pay motor vehicle tax in respect of the vehicles used in their schools without producing clearance certificate from the 3rd respondent for payment of contribution to the Motor Transport Workers Welfare Fund. In the above circumstances the writ petition is allowed as prayed for. Sd/- S. SIRI JAGAN, JUDGE. AMG True copy P.A to Judge