IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 12722 of 2011(M) -------------------------- PETITIONER(S): --------------- N.G.PAUL WENSESLAUS, S/O.N.M.GEORGE, AGED 62 YEARS, NEDUMPILLY HOUSE, AYYAPPANKAVU, COCHIN - 682018. BY ADV. SRI.ASOK M.CHERIAN SRI.SANTHOSH G. PRABHU SRI.S.KANNAN RESPONDENT(S): --------------- 1. THE EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. 2. THE REGISTERING AUTHORITY, (TAXATION OFFICER), REGIONAL TRANSPORT OFFICE, ERNAKULAM. BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.12722 OF 2011 EXT.P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE PERTAINING TO THE BAJAJ LMV-SU (TEMPO) BEARING REGISTRATION NO.KL-07-A-4033, OWNED BY THE PETITIONER. EXT.P2 A TRUE COPY OF THE DRIVING LICENCE INCLUDING THE BADGE OF THE PETITIONER BEARING NO.7/2166/1999. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.12722 of 2011 ------------------------------- Dated this the 24th day of June, 2011 J U D G M E N T The petitioner is the owner and driver of a goods carriage vehicle bearing registration No.KL-07-A-4033. This writ petition is filed contending that the petitioner who attained the age of 60 years on 23.9.2009 is not liable to pay contribution to the Kerala Motor Transport Workers Welfare Fund and therefore the second respondent cannot insist on the petitioner producing proof of remittance of contribution to the fund as a condition precedent for receiving the motor vehicles tax in respect of the petitioner's goods vehicle. 2. The issue raised by the petitioner is no longer res integra and is covered in favour of the petitioner by the decision of this Court in TA-Aleemul Islam Trust v. State of Kerala (2009 (4) KLT 225) wherein it was held that persons who are operating vehicles as “self-employed persons” on the basis of a valid driving licence and badge and who have crossed the age of 60 years are not liable to be compelled to make contribution to the Kerala Motor Transport Workers Welfare Fund. In the light of the said decision, the petitioner is entitled to succeed. I accordingly allow the writ petition and declare that the respondent cannot compel the petitioner to contribute to the Kerala W.P.(C) No.12722 of 2011 2 Motor Transport Workers Welfare Fund and insist on such payment as a condition precedent for receiving the motor vehicles tax in respect of the petitioner's goods vehicle bearing registration No.KL-07-A-4033 so long as he holds a valid driving licence and a badge. P.N. RAVINDRAN, JUDGE. nj.