IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 5829 of 2008(R)
1. THE PAPPINISSERI HIDAYATHUL ISLAM
... Petitioner
2. THE MANAGER, HIDAYATH ENGLISH MEDIUM
Vs
1. STATE OF KERALA REPRESENTED BY ITS
... Respondent
2. THE TRANSPORT COMMISSIONER, TRANSPORT
3. THE REGIONAL TRANSPORT OFFICER,
4. THE DISTRICT EXECUTIVE OFFICER,
For Petitioner :SRI.S.MAMMU
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :19/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NOS. 5829, 5853 & 5863 OF 2008
============================
Dated this the 19th day of February, 2008
J U D G M E N T
In all these cases, the complaint of the writ petitioners is
that the Motor Vehicles Tax in respect of the vehicles owned by
them is not accepted by the Taxation Officer for the reason that
the petitioners have not produced certificate as required under
Section 8(A) of the Motor Transport Workers Welfare Fund Act of
having discharged their dues under the Motor Transport Workers
Welfare Fund Scheme. Based on the Government clarification
that Educational 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 S.N.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.1208/08.
WPC 5829, 5853,5863/08
:2 :
Adopting the same reasoning as adopted in the aforesaid cases, I
dispose of these writ petitions also directing that the Motor
Vehicles Tax tendered by the petitioners 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 petitions are disposed of as above.
ANTONY DOMINIC,JUDGE.
Rp