IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27798 of 2011(Y) ---------------------------------------- PETITIONER(S): ------------------------ P.G.RAMACHANDRA PAI,PADIPURACKAL HOUSE, 40/3331, T.D. WEST ROAD, KOCHIN-15. BY ADV. SRI.PRASAD CHANDRAN RESPONDENT(S): --------------------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM-682 026. 2. THE REGIONAL TRNASPORT AUTHORITY (TAXATION OFFICER), REGIONAL TRANSPORT OFFICE, ERNAKULAM-682 030. R1 BY ADV.SRI.P.RAMAKRISHNAN,SC R2 BY GOVERNMENT PLEADER SRI.S.JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.27798/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF THE REGISTRATION PARTICULARS IN RESPECT OF KL- 07/AC 307. EXHIBIT P2. TRUE COPY OF THE DRIVING LICENCE NO.7/3294/1973 OF THE PETITIONER. EXHIBIT P3. TRUE COPY OF THE RECEIPT OF THE 1ST RESPONDENT EVIDENCING PAYMENT OF CONTRIBUTION DATED 19/10.2010. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts S.SIRI JAGAN, J. ================== W.P.(C).No. 27998 of 2011 ================== Dated this the 20th day of October, 2011 J U D G M E N T The petitioner is a self employed person. According to the petitioner, the petitioner is above 60 years of age. He is the owner of an Eicher tractor, with which, he is eking out his livelihood. The petitioner wants to remit motor vehicle tax in respect of the said motor vehicle. But for accepting tax, the 2nd respondent is insisting on a clearance certificate from the 1st respondent regarding payment of contributions under the Motor Transport Workers' Welfare Fund Act. According to the petitioner, since he has already passed 60 years, he cannot continue to be a member of the Motor Transport Workers' Welfare Fund and in view of the decision of this Court in T.A.Alemul Islam Trust v. State of Kerala, 2009(4) KLT 225, the petitioner is not liable to pay contributions under the said Act. Therefore, the petitioner is entitled to a clearance certificate without paying contributions under the Act insofar as he is not liable to pay any contributions under the Act, is his contention. 2. I have heard the learned standing counsel for the 1st respondent and the learned Government Pleader appearing for the 2nd respondent. 3. Having heard both sides, I dispose of this writ petition with w.p.c.27798/11 - : 2 :- the following directions; The petitioner shall produce documents including Exts.P1 and P2 to prove that he is not liable to pay contributions under the Act, before the 1st respondent. On production of the same, the 1st respondent shall consider the question as to whether the petitioner is liable to pay contributions under the Act and if not, issue appropriate clearance certificate in respect of the same to the petitioner within one week from the date of receipt of the documents from the petitioner in order to enable the petitioner to pay motor vehicle tax in respect of his vehicle. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge