IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 7127 of 2008(W)
1. THE PRINCIPAL, MARKAZ ENGLISH MEDIUM
... Petitioner
2. THE HEADMASTER, MARKAZ GIRLS HIGH
3. THE HEADMASTER, MARKAZ HIGHER SECONDARY
Vs
1. STATE OF KERALA, REP. BY SECRETARY TO
... Respondent
2. THE COMMISSIONER OF TRANSPORT,
3. THE REGIONAL TRANSPORT OFFICER,
4. THE SUB REGIONAL TRANSPORT OFFICER,
5. THE DISTRICT EXECUTIVE OFFICER,
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :29/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 7127 of 2008(W)
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Dated this the 29th day of February, 2008
JUDGMENT
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
petitioner has 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 W.P.(C) No.1208/08. Adopting the same
reasoning as adopted in the aforesaid cases, I dispose of this
W.P.(C) No. 7127/2008/W -2-
writ petition 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 petition is disposed of as above.
Sd/-
ANTONY DOMINIC,
JUDGE
jp
/TRUE COPY/
P.A. TO JUDGE