IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 22206 of 2010(A) ---------------------------------------- PETITIONER(S): ----------------------- 1. T.K.PADMANABHAN THEKKEDATHUPARAMBU, VADUTHALA KOCHI-23 2. JOY P.L, 43/2278, PALATTY HOUSE MUTTATHIL LANE, KADAVANTHARA, KOCHI-20 3. HANIFA, S/O.MOHAMMED KOYA 43/2065, MANAYAPARAMBU HOUSE SRM ROAD, KOCHI- 682 018. 4. SAINUDEEN, 43/323 A, MANAPPATTIPARAMBU, KALOOR, KOCHI-17. BY ADV. SRI.ASOK M.CHERIAN, SRI.S.KANNAN, SMT.S.RAKHEE. RESPONDENT(S): -------------------------- 1. THE EXECUTIVE OFFICER MOTOR TRANSPORT WORKERS WELFARE FUND BOARD ERNAKULAM. 2. THE REGISTERING AUTHORITY TAXATION OFFICER, REGIONAL TRANSPORT OFFICE ERNAKULAM. R2 BY GOVT. PLEADER MR.BIJOY CHANDRAN R1 BY ADV. MR.P. RAMAKRISHNAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 22206 OF 2010 -------------------------------------------- Dated this the 16th day of July, 2010 JUDGMENT The issue involved in this case is whether the persons like the petitioners who have already crossed the age of 60 years and who own and operate the vehicles on the basis of valid licence and badge, as a measure of self-employment, could be insisted to produce clearance certificate from the 1st respondent in respect of the contribution payable to the Kerala Motor Transport Workers Welfare Fund, so as to accept the motor vehicles tax; particularly when the scheme of the statute shows that the membership is open only in respect of persons who have not crossed the age of 60 years. 2. Heard the learned standing counsel appearing for the 1st respondent as well as the learned Government Pleader appearing for the 1st respondent. 3. The above issue had come up for consideration before this Court earlier and after hearing all concerned, the question has been answered in favour of the persons like the petitioners in the decision reported in TA-Aleemul Islam Trust Vs. State of Kerala [2009 (4) KLT 225]. 4. In the above circumstances, the 2nd respondent is directed to 2 WP(C) No.22206/2010 accept tax in respect of the concerned vehicles covered by Ext.P1(a) to P1 (d), so long as the petitioners continue to own and operate the same, by virtue of valid driving licence and badge produced and marked as Ext.P2 series. The petitioners shall produce a copy of this judgment, along with a copy of the Writ Petition before the 2nd respondent for further steps. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc