IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH APRIL 2008 / 29TH CHAITHRA 1930 WP(C).No. 13296 of 2008(G) -------------------------- PETITIONER: --------------- THE MANAGER, CHALAVARA HIGHER SECONDARY SCHOOL, CHALAVARA, OTTAPPALAM, PALAKKAD DISTRICT. BY ADV. SRI.V.RAJENDRAN RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT., TRANSPORT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERAE, THIRUVANANTHAPURAM. 3. JOINT REGIONAL TRANSPORT OFFICER, OTTAPPALAM. 4. KERALA MOTOR TRANSPORT WORKERS WELFATE FUND, REPRESENTED BY ITS DISTRICT EXECUTIVE OFFICER, PALAKKAD. BY GOVERNMENT PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 13296 OF 2008 ----------------------------------------------- Dated this the 18th day of April, 2008 JUDGMENT The complaint of the petitioner in this case is that the Motor Vehicles Tax in respect of the vehicle owned by school is not accepted by the Taxation Officer for the reason that the petitioner has not produced certificate as required under Section 8(A) of he Motor Transport Workers Welfare Fund Act of having discharged the dues under the Motor Transport Workers Welfare Fund Scheme. Based on the Government clarification that Education Institutions are not Motor Transport undertakings, this Court has already rendered judgment in the case of Toc'H Public School v. District Executive Officer [1992 (1) KLT SN case No.49] that it is not the requirement of educational institutions to make payment of the welfare fund dues. Following the aforesaid judgment, this Court also has disposed of a batch of writ petitions including WP (C) No.1208 of 2008. Adopting the same reasoning as adopted in the aforesaid cases, I dispose of this writ petition also directing WPC No. 13296 OF 2008 2 that the Motor Vehicles Tax tendered by the petitioner herein will be accepted by the Taxation Officer without insisting on certificate as specified under Section 8(A) of the Motor Transport Workers Welfare Fund Act. Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE ttb WPC No. 13296 OF 2008 3 WPC No. 13296 OF 2008 4