Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE3D DAY OF OCTOBER201311TH ASWINA, 1935 WP(C).No. 23791 of 2013 (Y) ---------------------------- PETITIONER(S): -------------------------- 1. ANTHONY, AGED72YEARS, S/O. PAULOSE, MALIYEKKAL(H), MOTHIRAKKANNY.P.0. PARIYARAM, CHALAKUDY-680307.
2. SEBASTIAN N.D. AGED61 S/O. DEVASSY, NAZHIYAMPARA(H), K. KUNNU.P.O. PUSHPAGIRI-680311.
3. RATNAKARAN.P.K. AGED63 S/O. KUMARAN, PALLAYI HOUSE, KODASSERY.P.O. CHALAKUDY-680725.
4. JOHNY.M.A. AGED61YEARS, S/O. ANTHONY, MUTHEDAN(H), NEAR CHOWKA CHURCH CHOWKA, THRISSUR-680721. BY ADVS.SRI.SHEEJO CHACKO SRI.SANGEETH C. SUBRAMANIAN SRI.P.JINISH PAUL RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMEMENT, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-696001.
2. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWER, VAZHUTHAKADU THIRUVANANTHAPURAM-P.O. PIN-696001.
3. THE REGIONAL TRANSPORT OFFICER & TAXATION OFFICER THRISSUR.P.O., PIN-696001.
4. JOINT REGIONAL TRANSPORT OFFICER IRINJALAKUDA.P.O., PIN-680121.
5. THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS, WELFARE FUND BOARD TRICHUR.P.O., PIN-680001. BY GOVERNMENT PLEADER SRI.M.MUHAMMED SHAFI BY SRI.K.S.MANU (PUNUKKONNOOR) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0310-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23791 of 2013 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1. THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF1T PETITIONER'S VEHICLE ALONGWITH DRIVING LICENSE. P2. THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF2D PETITIONER'S VEHICLE ALONGWITH DRIVING LICENSE. P3.THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF3D PETITIONER'S VEHICLE ALONGWITH DRIVING LICENSE. P4.THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF4HPETITIONER'S VEHICLE ALONGWITH DRIVING LICENSE. P5. THE TRUE COPY OF THE JUDGMENT
REPORTED IN2009(4) KLT225 //true copy// P.A.To Judge K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - W.P.(C).No. 23791 of 2013 - - - - - - - - - - - Dated this the 3rd day of October, 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT
The petitioners, four in number, are respectively the owners of the vehicle bearing registration Nos.KL-05 V-9889 TATA SFC407 KL-40 C1667TATA ACE, KL-08 AJ 2809 TATA ACE and KL-64 A9556BHARATBENZ1214 BS III, HGV GOODS CARRIAGE. All the petitioners claim that they are above 60 years and they are not liable to be registered under the Kerala Motor Transport Workers Welfare Fund Act, 1985 (for short 'the Act'). The grievance of the petitioners is that without registration under the Act and payment of contribution as per the Act, they are denied the right to pay tax under the Motor Vehicle Taxation Act; thus preventing them from running their vehicles of which they are the registered owners and which are driven by themselves. The issue is covered by a decision of this Court reported in T.A.-Aleemul Islam Trust v. State of Kerala (2009 (4) KLT225.
2. In the circumstances, there shall be a direction to the WP(C).23791/13 2 concerned Regional Transport Officer to accept the tax paid by the petitioners on their giving an undertaking before the concerned Officer that they own only one vehicle and that they themselves are operating the said vehicles. The petitioners shall also produce proof of age before the concerned authority so as to enable them to get the benefit of this judgment. Writ petition is disposed of as above. Sd/- K.VINOD CHANDRAN, Judge mrcs //true copy// P.A.ToJudge