IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 7127 of 2008(W) ------------------------- PETITIONERS: ------------ 1. THE PRINCIPAL, MARKAZ ENGLISH MEDIUM SENIOR SECONDARY SCHOOL, KOZHIKKODE. 2. THE HEADMASTER, MARKAZ GIRLS HIGH SCHOOL, KARANTHUR, KOZHIKKODE. 3. THE HEADMASTER, MARKAZ HIGHER SECONDARY SCHOOL, KARANTHUR (FORMERLY MARKAZ HIGH SCHOOL). BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPT. OF TRANSPORT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF TRANSPORT, TRANSPORT COMMISSIONERATE, TRANS TOWERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM. 3. THE REGIONAL TRANSPORT OFFICER, KOZHIKKODE. 4. THE SUB REGIONAL TRANSPORT OFFICER, KODUVALLY, KOZHIKKODE. 5. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOZHIKKODE. BY GOVERNMENT PLEADER, SRI.C.K.GOVINDAN ADV.SRI.P.RAMAKRISHNAN, SC FOR KMTWF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ======================= W.P.(C) No. 7127 of 2008(W) ======================= Dated this the 29th day of February, 2008 JUDGMENT 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 petitioner has 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 W.P.(C) No.1208/08. Adopting the same reasoning as adopted in the aforesaid cases, I dispose of this W.P.(C) No. 7127/2008/W -2- writ petition 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 petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE jp /TRUE COPY/ P.A. TO JUDGE