IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WP(C).No. 37539 of 2009(J) --------------------------------------- PETITIONER(S): ----------------------- P.V.RAJANI, W/O. N.C.PAVITHRAN, AGED 42 YEARS, HOUSEWIFE, RESIDING AT NADAYANTAKATH HOUSE, MAMBA, ANJARAKANDY, KANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): ------------------------- 1. THE TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, KANNUR. 2. THE VILLAGE OFFICER, VILLAGE OFFICE, ANJARAKANDY. 3. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD REPRESENTED BY THE SECRETARY, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1,2,4 BY GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL R3 BY ADV. SRI.PAULSON VARGHESE,STANDING COUNSEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.37539/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SALE PROCLAMATION DTD. NIL ISSUED BY THE IST RESPONDENT (ENGALISH). P2:- COPY OF THE SALE PROCLAMATION DTD. NIL ISSUED BY THE IST RESPONDENT (MALAYALAM). TRUE COPY P.A. TO JUDGE tss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.37539 of 2009-J ---------------------------- Dated this the 30th day of June, 2010. J U D G M E N T The petitioner is challenging the correctness and sustainability of the steps taken by the respondent for realisation of the amount stated as due under the Kerala Motor Transport Worker's Welfare Fund Act/Scheme. Many a ground has been raised in the Writ Petition stating that the petitioner is not the actual defaulter. 2. When the matter came up for consideration before this Court on 23.12.2009, coercive steps were intercepted on condition that the petitioner deposited a sum of Rs.50,000/- within three weeks, which is stated as complied with. 3. The learned counsel for the petitioner submits that, the petitioner has taken a decision to clear the entire liability and the prayer in the Writ Petition is confined only to provide some breathing time, so as to effect the payments by reasonable instalments. 4. Heard the learned standing counsel, as well as the learned Government Pleader appearing for the other respondents. W.P(C) No.37539 of 2009-J 2 5. Considering the limited nature of the relief now pressed for, this Court finds it fit and proper to permit the petitioner to clear the entire outstanding liability by way of 'six' equal monthly instalments; the first of which shall be effected on or before the 30th of July 2010, to be followed similar instalments to be effected on or before the 30th of the succeeding months. It is made clear that, if any default is committed by the petitioner in clearing the due amounts as above, the respondents will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE ab