IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 WP(C).No. 20957 of 2010(T) -------------------------- PETITIONER: --------------- A.N.PRASAD, AGED 61 YEARS, S/O.A.V. NARAYANAN, ARAKKAPARAMBU HOUSE, 14/19, CHULLICKAL, KOCHI - 5, ERNAKULAM DISTRICT. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. 3. THE REGIONAL TRANSPORT OFFICER,ERNAKULAM BY GOVT. PLEADER SRI.BIJOY CHANDRAN FOR R1 & R3 SRI.P.RAMAKRISHNAN - SC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 20957 of 2010-T ---------------------------- Dated this the 7th day of July, 2010. J U D G M E N T The issue involved in this case is that, whether the respondents are justified in insisting the petitioner to procure the clearance certificate from the second respondent, as to the amounts allegedly due under the Kerala Motor Transport Workers' Welfare Fund Act/Scheme, so as to remit the tax in respect of the vehicle bearing No.KL-07 AA 1858 stated as owned and operated by the petitioner himself, who is aged more than 61 years. 2. The statute contemplates membership to the scheme, only in respect of persons who have not attained the age of 60 years. In the instant case, the petitioner has admittedly crossed the age of 60 years and as such the scheme is not applicable to the petitioner. The issue had come up for consideration before this Court earlier and the law has been declared as per the decision reported in TA-Aleemul Islam Trust V. State of Kerala (2009(4) KLT 225) answering the question in favour of the persons like the petitioner. W.P(C) No. 20957 of 2010-T 2 3. In the above circumstances, the prayer sought for is granted and there will be a direction to the third respondent to accept the tax in respect of the vehicle bearing No.KL-07-AA 1858 without insisting for production of clearance certificate from the second respondent, so long as the petitioner continues to be the registered owner and operates the said vehicle by himself, on the basis of the valid driving licence and badge. The Writ Petition is allowed. No cost. P.R.RAMACHANDRA MENON JUDGE ab