IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 19034 of 2005(N) -------------------------- PETITIONER: ------------ JEMMA DEVASSY, W/O. LATE P.R. DEVASSY PUTHENVEETTIL HOUSE, KUMBALANGHY, KOCHI-7. BY ADV. SRI.C.T.RAVIKUMAR SMT SAIRA RAVIKUMAR RESPONDENTS: ------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, KOCHI-15. 2. THE SPECIAL TAHSILDAR (R.R.), KOCHI. BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF R.R. NOTICE DT.6.4.05 OF R2. P2: TRUE COPY OF CERTIFICATE OF DEATH OF SRI.P.R.DEVASSY DT.22.4.97 ISSUED BY REGISTRAR OF BIRTH & DEATH, TRIPPUNITHURA MUNICIPALITY. RESPONDENT'S EXHIBITS: R1(a): TRUE COPY OF DEPOSITION DT.14.3.90 OF MR.T.V.JOSEPH. R1(b): TRUE COPY OF FDO DT.28.8.93. R1(c): TRUE COPY OF POSTAL RECEIPT ISSUED BY THE POSTAL AUTHORITIES. R1(d): TRUE COPY OF DESPATCH REGISTER MAINTAINED IN 1ST RESPONDENT'S OFFICE. R1(e): TRUE COPY OF ORDER OF THE APPELLATE AUTHORITY DT.26.7.07. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.19034 of 2005 .................................................................... Dated this the 6th day of June, 2008. JUDGMENT The petitioner is challenging recovery proceedings for recovery of arrears of Motor Transport Workers Welfare Fund in respect of a stage carriage of which petitioner's late husband was the registered owner. Counsel for the first respondent submitted that employees gave evidence to the effect that one Mr.K.J.Antony was operating the vehicle and therefore, adjudication was issued in his name. Even though he filed appeal against the same, such appeal was dismissed. However, it is reported that said K.J.Antony is also no more. I do not think the death of the operating owner who was employer liable to pay contribution, will justify proceedings against the registered owner of the vehicle. Consequently recovery cannot be continued against the petitioner. The W.P. is accordingly allowed quashing the demand against the petitioner but leaving freedom to the respondents to proceed for recovery against assets of the deceased operating owner of the vehicle i.e. Mr.K.J.Antony. C.N.RAMACHANDRAN NAIR Judge pms