IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31126 of 2010(M)
1. V.M.USMAN, AGED 64 YEARS,
... Petitioner
Vs
1. THE EXECUTIVE OFFICER,
... Respondent
2. THE REGISTERING AUTHORITY
For Petitioner :SRI.ESM.KABEER
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :11/10/2010
O R D E R
C.K.ABDUL REHIM, J
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W.P(C) No. 31126 of 2010-M
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Dated this the 11th day of October, 2010.
J U D G M E N T
Grievance voiced in this writ petition is against non acceptance
of motor vehicles tax with respect to an Autorickshaw owned by the
petitioner, bearing No.KL-07-AZ-3054, insisting on production of
proof regarding payment of contributions to the Keala Motor
Transport Workers Welfare Fund Act.
2. According to the petitioner he is plying the Autorickshaw
as a self employment venture and he is at present 64 years. It is
contended that in view of the fact that the vehicle is plied without
employing any other persons as a self employment venture and
since the petitioner had crossed the age of 60 years, the provisions
of Kerala Motor Transport Workers Welfare Fund Act or the Scheme
formulated thereunder is not applicable in the case of the petitioner.
Accordingly, it is contended that the petitioner is not liable for
payment of any contributions to the welfare fund.
3. The question raised is covered by a decision of this Court
in TA-Aleemul Islam Trust V. State of Kerala (2009(4) KLT 225).
W.P(C) No. 31126 of 2010-M 2
Therefore I am convinced that the petitioner is not liable for
payment of contribution to the welfare fund. Therefore motor
vehicle tax can be accepted without insisting on production of proof
regarding payment of contribution to the welfare fund.
4. In the result, the writ petition is disposed of directing the
second respondent to accept the motor vehicles tax due with
respect to the vehicle (Autorickshaw) bearing No. KL-07-AZ-3054,
without insisting for production of proof regarding payment of
contributions to the welfare fund, subject to condition of the
petitioner producing proof before the second respondent regarding
ownership of the vehicle and proof regarding age of the petitioner.
The writ petition is disposed of with the above directions.
Sd/-
C.K.ABDUL REHIM
JUDGE
//True Copy//
P.A to Judge
ab
W.P(C) No. 31126 of 2010-M 3