Nixon K.V v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 WP(C).No. 25047 of 2012 (E) ------------------------------------------ PETITIONER(S) :
------------------------ NIXON K.V., AGED 39 YEARS, S/O.VARKEY, HOUSE NO.6/1044 A, KIZHUPILLY HOUSE, NGO QUARTERS, THRIKKAKARA P.O., ERNAKULAM DISTRICT, PROPRIETOR NIXON'S DRIVING SCHOOL, M.S.NO.E 31/92, NGO QUARTERS, THRIKKAKARA P.O., KOCHI - 21.
BY ADVS. SRI.T.MADHU SRI.P.R.SHIBU RESPONDENT(S) :
----------------------------
1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MOTOR VEHICLES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM - 695 001.
3. THE REGIONAL TRANSPORT OFFICER, ERNAKULAM, KAKKANAD P.O., ERNAKULAM DISTRICT - 682 030.
4. THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS DISTRICT EXECUTIVE OFFICER, SRM ROAD, ERNAKULAM - 682 018.
R1 TO R3 BY GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN R4 BY ADV. SRI.P.RAMAKRISHNAN, S.C THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 25047 of 2012 (E) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:
THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF THE VEHICLE BEARING REGISTRATION NO.KL-07-Q-9702.
EXHIBIT P2:
THE TRUE COPY OF THE CERTIFICATE OF INSURANCE IN RESPECT OF THE VEHICLE BEARING REGISTRATION NO.KL-07-Q-9702. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
K.VINOD CHANDRAN, J.
----------------------------------------- W.P.(C) No.25047 of 2012 ----------------------------------------- Dated this the 13th day of February, 2015
JUDGMENT
The petitioner, who is conducting a motor driving school, challenges the coverage under the Motor Transport Workers Welfare Fund Act, 1985. The issue is covered in favour of the petitioner in the decision of a Division Bench of this Court in Rajesh T.G. V. Joint RTO (2009 (2) KHC 661(DB)). Hence the declaration sought for, that the petitioner's driving school would not be a motor transport undertaking as provided under the Kerala Motor Transport Workers Welfare Fund Act, 1985, is granted.
The writ petition stands allowed.
Sd/- K.VINOD CHANDRAN, JUDGE.
rkc.