IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 34222 of 2008(Y) -------------------------- PETITIONER(S): --------------------- POINEER PERSONALIZED HOLIDAYS PRIVATE LIMITED, PIONEER HOUSE, 5TH CROSS ROAD, WILLINGDON ISLAND, KOCHI-03, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.P.D.JOSEPH. BY ADV. SRI.T.R.RAJAN RESPONDENT(S): ----------------------- 1. THE REGIONAL TRANSPORT OFFICER, SUB-REGIONAL TRANSPORT OFFICE, MATTANCHERRY, THOPPUMPADY P.O., KOCHI 682 005. 2. THE DISTRICT EXECUTIVE OFFICER, OFFICE OF THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, S.R.M.ROAD, ERNAKULAM. 3. THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOLLAM REPRESENTED BY ITS SECRETARY. 4. THE EMPLOYEES' PROVIDENT FUND ORGANISATION REPRESENTED BY ITS REGIONAL P.F.COMMISSIONER, "BHAVISHYANIDHI BHAVAN", KALOOR P.O., ERNAKULAM, KOCHI-682 017. ADV. SRI.S.GOPAKUMARAN NAIR (SR.) FOR R4 SRI.M.CHANDRA BOSE FOR R4 BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.34222 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November, 2008 JUDGMENT The prayer in the writ petition is to issue a writ of mandamus commanding the first respondent to receive motor vehicle tax in respect of the petitioner's vehicles without insisting for production of the receipt of remittance of contribution to the Kerala Motor Transport Workers Welfare Fund. 2. I heard learned counsel for the petitioner, learned counsel appearing on behalf of respondents 2 and 3 and also learned counsel appearing on behalf of the fourth respondent. 3. The case of the petitioner is that petitioner is not liable to pay the amount payable otherwise under the Kerala Motor Transport Workers Welfare Fund on account of the fact that they are covered by the Employees Provident Fund and Miscellaneous Provisions Act. Learned counsel appearing on behalf of the fourth respondent submits that it is correct that the petitioner is covered by the provisions of the Employees Provident Fund and Miscellaneous Provisions Act. In such circumstances, petitioner cannot be called upon to pay the contribution to the Kerala Motor WPC.34222/2008. 2 Transport Workers Welfare Fund as a condition for receiving the Motor Vehicle Tax. Accordingly, the writ petition is allowed and there will be a direction to the first respondent to receive the motor vehicle tax in respect of the petitioner's vehicles without insisting for production of the receipt of remittance of contribution to the Kerala Motor Transport Workers Welfare Fund. (K.M. JOSEPH, JUDGE) sb