IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12558 of 2010(T)
1. VANROSE,S/O.CHAMI NADAR
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE REGIONAL TRANSPORT OFFICER
3. THE SUB REGIONAL TRANSPORT OFFICER
For Petitioner :SRI.G.SUDHEER
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :08/04/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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W.P(C) No.12558 of 2010-T
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Dated this the 8th day of April, 2010.
J U D G M E N T
The issue involved is whether the vehicles bearing Nos.KL-
10/3002 and KRV 4565 owned and operated by the petitioner for
imparting training in the driving schools and the persons engaged
in such vehicles as Instructors will come within the purview of Kerala
Motor Transport Workers Welfare Fund Act and and whether any
clearance certificate has to be obtained from the concerned
authority, so as to remit the tax in respect of the said vehicles.
2. Heard the learned Government pleader as well.
3. The issue had come up for consideration before this
Court earlier and the position stands answered in favour of the
persons like the petitioner, as per the decision referred by the
Division Bench in Rajesh V. Joint RTO (2009(2) KLT 615).
4. In the above circumstances, the third respondent is
directed to accept the Motor Vehicles Tax in respect of the vehicles
bearing No.KL-10/3002 and KRV 4565 belonging to the petitioner
for the period from 1.4.2010 to 31.3.2011, without insisting for
W.P(C) No.12558 of 2010-T 2
clearance under the Kerala Motor Transport Workers Welfare Fund
Act/Scheme, so long as the said vehicles continue to be in the name
of the petitioner and are being operated on the basis of the permits
issued, for the purpose as shown in Exts.P4 and P5.
The Writ Petition is disposed of.
P.R.RAMACHANDRA MENON
JUDGE
ab