IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 W.P(C).No. 8872 of 2008(F) -------------------------------- PETITIONER: -------------- 1. HEAD MISTRESS, THALIPARAMBA U.P.SCHOOL P.O.THALIPARAMBA. 2. HEAD MISTRESS, TRICHAMBARAM U.P.SCHOOL THALIPARAMBA. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENTS: ---------------- 1. STATE OF KERALA, REPESENTED BY THE SECRETARY TO GOVERNMENT MOTOR VEHICLE DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPPURAM. 2. TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRASPORT TOWERS,VAZHUTHACAUD, THIRUVANANTHAPPURAM. 3. THE REGIONAL TRANSPORT OFFICER THALIPARAMBA,P.O.,THALIPARAMBA. 4. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOADS, KANNUR. BY GOVT. PLEADER, SRI. C.K. GOVINDAN SRI. PAULSON C. VARGHESE, SC, KMTWWF BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 8872 OF 2008 F ==================== Dated this the 17th day of March, 2008 J U D G M E N T The complaint of the writ petitioner 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. 2. 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. 3. Adopting the same reasoning as adopted in the WPC 8872/08 :2 : aforesaid cases, I dispose of this 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. ANTONY DOMINIC,JUDGE. Rp