IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 4682 of 2008(G) ------------------------- PETITIONER: ------------ M.V.VALSALAN, S/O.KUNHIRAMAN, AGED 49 YEARS, RESIDING AT 'EDAKKATHUVALAPPIL HOUSE', TEMPLE ROAD P.O., CHERUKUNNU, KANNUR DISTRICT. BY ADV. SRI.P.JACOB VARGHESE SRI.VARUGHESE M EASO SRI.VIVEK VARGHESE P.J. SMT.PRAISHEEL PRAKASAM SRI.K.B.ARUN SMT.ELIZEBETH MEERA SRI.P.J.VINOD JOSEPH SMT.NITHARA GAYATRI RESPONDENTS: ------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WELFARE FUND BOARD, THAIKKAVU, KANNUR. 2. SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY NO.1, KANNUR. 3. VILLAGE OFFICER, KANNAPURAN, KANNUR DISTRICT. BY ADV. SRI.PAULSON C.VARGHESE,SC,KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============================= W.P.(C)NO. 4682 OF 2008 ============================== DATED THIS THE 15TH DAY OF FEBRUARY 2008 JUDGMENT The challenge in this writ petition is against the recovery proceedings evidenced by Exts.P4 and P5. The recovery proceedings is for realising the welfare fund dues under the Motor Transport Workers Welfare Fund Scheme for the period from February 1996 to February 1998. 2. According to the petitioner, he had transferred the vehicle and that the transfer was entered in the registration certificate in May 1996. However, the fact remains that even as on date, the final determination order has not been passed. Therefore, the question whether the transfer was effected or not and the petitioner was an employer during that period are matters, which are yet to be determined. W.P.C. 4682/2008 -2- 3. Therefore, I direct that the first respondent shall conduct necessary enquiry into the matter and pass final determination order with notice to the petitioner. Until final determination order is passed, further proceedings pursuant to Exts.P4 and P5 shall stand deferred on condition that the petitioner deposits one-fourth of the amount now demanded within one month from today. The writ petition is disposed of as above. ks. ANTONY DOMINIC, JUDGE