High Court Kerala High Court

The Manager vs State Of Kerala on 4 January, 2008

Kerala High Court
The Manager vs State Of Kerala on 4 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 612 of 2008(W)


1. THE MANAGER,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE REGIONAL TRANSPORT AUTHORITY,

3. THE DISTRICT OFFICER,

                For Petitioner  :SRI.LIJI.J.VADAKEDOM

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :04/01/2008

 O R D E R
                         ANTONY DOMINIC, J.

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                     W.P.(C) No. 612 OF 2008 W
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                  Dated this the 4th January, 2008

                            J U D G M E N T

Petitioner submits that the 2nd respondent is not accepting the

motor vehicles tax in respect of the vehicles owned by the

petitioner and is insisting that a clearance certificate should be

produced from the 3rd respondent for acceptance of tax. If, as a

matter of fact, the establishment of the petitioner is covered by the

provisions of the Employees Provident Fund and Miscellaneous

Provisions Act, 1952 as contended by the counsel for the petitioner,

the petitioner is entitled to exemption as provided under Section 4

(1) of the Kerala Motor Transport Workers Welfare Fund Act.

Referring to Exts. P5 and P6 petitioner submits that his

establishment is covered under the E.P.F. Act and that upto-date

contribution has been completely paid.

2. In view of the fact that such covered establishments are

exempted from the Welfare Fund Act, there is no justification for the

WPC No. 612/08 -2-

2nd respondent to insist on the production of a clearance certificate

from the 3rd respondent. Therefore, I dispose of this writ petition

directing that the 2nd respondent shall accept tax in respect of the

vehicles owned by the petitioner without insisting on a clearance

certificate from the 3rd respondent. However, such acceptance of

tax shall be on condition that the petitioner produces proof to the

satisfaction of the 2nd respondent that upto-date provident fund

contribution has been paid.

ANTONY DOMINIC
JUDGE
jan/-