IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 9574 of 2011(V) -------------------- PETITIONER : -------------------- VANROSE, S/O.CHAMI NADAR, MANALIVILA VEEDU, KOZHIVILA, PARASSALA P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.G.SUDHEER SMT.M.JAYASREE RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MOTOR VEHICLE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURM – 695 001. 2. THE REGIONAL TRANSPORT OFFICER, THIRUVANANTHAPURAM – 695 001. 3. THE SUB REGIONAL TRANSPORT OFFICER, PARASSALA – 695 018. R1 TO R3 BY GOVT. PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 9574 of 2011 --------------------------------- Dated this the 28th day of March, 2011 JUDGMENT The issue involved is as to whether the petitioner's vehicles, one lorry lorry bearing NO.KL-10/3002 and one bus bearing NO.KRV 4565, which are used for imparting training in the driving school conducted by him, is liable to pay contribution to the motor Transport Workers Welfare Fund and as to whether any clearance certificate is required for remitting motor vehicle tax due with respect to those vehicles. 2. The issue involved stands covered by a decision of a Division Bench of this court in Rajesh vs. Joint RTO (2009(2) KLT 615). 3. In view of the legal position settled, there will be a direction to respondents 2 and 3 to accept motor vehicle tax with respect to the above said vehicles belonging to the petitioner, without insisting for clearance from the authorities of the Kerala Motor Transport Workers Welfare Fund Act, so long as the vehicles continue to be in the name of the petitioner and being operated on the basis of the permit issued for the purpose of WP(C).9574/2011 2 imparting training in the driving school. C.K.ABDUL REHIM,JUDGE pmn/ WP(C).9574/2011 3 C.K.ABDUL REHIM,JUDGE pmn/