IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 12816 of 2008(A) -------------------------- PETITIONER: ------------ DARUL FATHEH ENGLISH MEDIUM PUBLIC SCHOOL, KUNNAM, MUTHALAKODAM P.O., THODUPUZHA, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER, M.P.ABDUL KAREEM SAQAFI. BY ADV. SRI.C.A.MAJEED RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, TRANSPORTS, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB REGIONAL TRANSPORT OFFICER, THODUPUZHA, IDUKKI DISTRICT. 3. THE DISTRICT EXECUTIVE OFFICER, KERALA TRANSPORT WORKERS WELFARE FUND BOARD, IDUKKI DISTRICT. BY GOVT. PLEADER SRI BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 12816 of 2008 -------------------------------------------------------- Dated: SEPTEMBER 4, 2008 JUDGMENT Petitioner challenges the demand for remittance of Motor Transport Workers' Welfare Fund dues for acceptance of motor vehicle tax. 2. It is shown to me that a Division Bench has considered this issue and by its judgment in W.A.No.752/2008 has upheld the position that an educational institution is entitled to be exempted from the provisions of the Welfare Fund Act. In view of this the petitioner is entitled to succeed in this writ petition. Accordingly I dispose of this writ petition directing that the tax in respect of vehicles owned by the petitioner shall be accepted by the 2nd respondent without insisting on a clearance certificate from the 3rd respondent. ANTONY DOMINIC, JUDGE mt/-