IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 31126 of 2010(M) -------------------------- PETITIONER ------------------- V.M.USMAN, AGED 64 YEARS, S/O.LATE MAMMU, ILLIPARAMBIL HOUSE, KALOOR.P.O., KOCHI-17. BY ADV. SRI.ESM.KABEER RESPONDENTS: ----------------------- 1. THE EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM – 682 035. 2. THE REGISTERING AUTHORITY (TAXATION OFFICER), REGIONAL TRANSPORT OFFICE, ERNAKULAM. BY SENIOR GOVERNMENT PLEADER, SRI.MATHEW GEORGE VADEKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J --------------------------- W.P(C) No. 31126 of 2010-M ---------------------------- Dated this the 11th day of October, 2010. J U D G M E N T Grievance voiced in this writ petition is against non acceptance of motor vehicles tax with respect to an Autorickshaw owned by the petitioner, bearing No.KL-07-AZ-3054, insisting on production of proof regarding payment of contributions to the Keala Motor Transport Workers Welfare Fund Act. 2. According to the petitioner he is plying the Autorickshaw as a self employment venture and he is at present 64 years. It is contended that in view of the fact that the vehicle is plied without employing any other persons as a self employment venture and since the petitioner had crossed the age of 60 years, the provisions of Kerala Motor Transport Workers Welfare Fund Act or the Scheme formulated thereunder is not applicable in the case of the petitioner. Accordingly, it is contended that the petitioner is not liable for payment of any contributions to the welfare fund. 3. The question raised is covered by a decision of this Court in TA-Aleemul Islam Trust V. State of Kerala (2009(4) KLT 225). W.P(C) No. 31126 of 2010-M 2 Therefore I am convinced that the petitioner is not liable for payment of contribution to the welfare fund. Therefore motor vehicle tax can be accepted without insisting on production of proof regarding payment of contribution to the welfare fund. 4. In the result, the writ petition is disposed of directing the second respondent to accept the motor vehicles tax due with respect to the vehicle (Autorickshaw) bearing No. KL-07-AZ-3054, without insisting for production of proof regarding payment of contributions to the welfare fund, subject to condition of the petitioner producing proof before the second respondent regarding ownership of the vehicle and proof regarding age of the petitioner. The writ petition is disposed of with the above directions. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab W.P(C) No. 31126 of 2010-M 3