Kerala High Court
St. Mary'S Jacobite Syrian Church vs State Of Kerala on 25 February, 2008
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 26TH DAY OF MARCH 2012/6TH CHAITHRA 1934
WP(C).No. 21271 of 2008 (G)
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PETITIONER(S):
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1. ST. MARY'S JACOBITE SYRIAN CHURCH,
PIRAVOM, REPRESENTED BY ITS TRUSTEE, MATHAI ULAHANNAN,
AGED 63, MANAPPATT HOUSE, PIRAVOM.
2. MATHAI THOMMAN, AGED 65, THEKKUMMOTTIL,
PIRAVOM- TRUSTEE, ST. MARY'S JACOBITE SYRIAN CHURCH,
PIRAVOM.
BY ADV. SRI.ABRAHAM P.GEORGE
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY
TO THE GOVERNMENT, MOTOR VEHICLES DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM.
2. THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, TRANSPORT TOWERS,
VAZHUTHACODE, THIRUVANANTHAPURAM.
3. THE REGIONAL TRANSPORT OFFICER,
MUVATTUPUZHA.
4. THE DISTRICT EXECUTIVE OFFICER,
KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD,
PALARIVATTOM, ERNAKULAM.
R1 TO R3 BY SR GOVERNMENT PLEADER SRI.S.JAMAL
R4 BY ADV.SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26-03-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C)NO.21271/2008
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE RELEVANT PAGES OF THE RC BOOK SHOWING THE
REGISTRATION DETAILS OF THE VEHICLE NO.KL-17E-7400
P2 COPY OF THE MOTOR VEHICLES TAX TOKEN WITH RESPECT TO THE FIRST
PETITIONER 'S VEHICLE.
P3 COPY OF THE CERTIFICATE OF FITNESS WITH RESPECT TO THE PETITIONER'S
VEHICLE.
P4 COPY OF THE JUDGMENT IN WPC .6418/08 DATED 25/2/2008.
P5 COPY OF THE EXTRACT OF THE MINUTES OF THE GENERAL BODY MEETING
DATED 2/3/2008 OF THE FIRST PETITIONER CHURCH.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.S.TO.JUDGE
sts
ANTONY DOMINIC, J.
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W.P.(C) NO.21271 OF 2008(G)
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Dated this the 26th day of March, 2012
J U D G M E N T
First petitioner own an ambulance with registration No.KL- 17 E 7400 and the 2nd petitioner is the trustee of the first petitioner. They approached this court complaining of the refusal of the 3rd respondent to accept tax due under the Kerala Motor Vehicles Taxation Act in respect of the ambulance in the absence of a clearance certificate issued by the 4th respondent. According to the petitioners ambulance is not a vehicle which attracts the coverage of the provisions contained in the Motor Transport Workers Welfare Fund Act. It is on that basis they approached this court, seeking the following prayers.
(a) Issue a writ in the nature of mandamus or such other appropriate writ, direction or order commanding the 3rd respondent to receive the motor vehicle tax payable under motor vehicles Taxation Act 1976 as amended by Act 24 of 2005 in respect of the petitioner's vehicle bearing registration No.KL-
17 E 7400 without insisting the production of receipt evidencing the payment of contribution to the Kerala Motor Transport Workers Welfare Fund in the interest of justice.
WPC.No. 21271/08 :2 :
(b) To declare that the first petitioner's vehicle being used for the benefit of the parishioners of the church and the general public that too without hire or reward it will not fall under the definition of the motor transport undertaking as defined under Section 2(h) of the Motor Transport Workers Welfare Fund Act 1985 and hence the petitioner is not liable to pay any amount towards the contribution to the welfare fund."
2. In this writ petition petitioner has specifically pleaded that;
"the first petitioner has purchased the said vehicle for the purpose of charity as it was decided by the General Body meeting of the Church to purchase an ambulance and provide the service of the same to the parishioners and the other inhabitants at Piravom irrespective of their caste or religion at free of costs."
3. A reading of the definition of Motor Transport Undertaking as contained in Section 2(22) of the Motor Vehicles Act, 1939, it can be seen that to fasten liability for payment of welfare fund dues on the petitioner, ambulance in question should be held as a private carrier. A vehicle to be a private carrier should be a transport vehicle which is used by its owner solely for the carriage of goods which are his property or the WPC.No. 21271/08 :3 : carriage of which is necessary for the purpose of his business. It cannot be said that the Church which allows carriage of patients or dead bodies in the ambulance can be treated as a motor transport undertaking as contemplated in the Motor Transport Welfare Fund Act.
Therefore the Writ petition is allowed.
(ANTONY DOMINIC) JUDGE vi/