IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 16163 of 2008(Y) -------------------------- PETITIONER: ------------ K.K.ELDO, KANAKKANMAVADI HOUSE KADARKULAMBU, ELAVAMPADAM, KIZHAKKENCHERRY, PALAKKAD. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DISTRICT COLLECTOR PALAKKAD. 3. THE DEPUTY TAHSILDAR (REVENUE RECOVERY) TALUK OFFICE, ALATHUR. 4. THE EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD PALAKKAD. BY ADV. SMT.I.SHEELADEVI, SC,KMTWF BOARD FOR R4 GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.16163 of 2008 ================== Dated this the 15th day of July, 2008 J U D G M E N T The petitioner challenges revenue recovery proceedings for recovery of contributions under the Kerala Motor Transport Workers Welfare Fund Act. Originally the petitioner contended that he was not served with any order demanding the same and therefore, the revenue recovery proceedings are unsustainable. However, in view of the statement filed by the 4th respondent along with a copy of the order, the petitioner now confines his relief for a direction to the respondents to permit the petitioner to pay the amount demanded in instalments. 2. This is opposed by the counsel for the 4th respondent. According to her, the petitioner is not eligible for any further indulgence especially in view of the contentions raised in the writ petition. However, taking a lenient view, I dispose of this writ petition with the following directions: The petitioner shall pay the amount demanded in five equal monthly instalments starting from 1.8.2008. Every subsequent w.p.c.16163/08 2 instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments in time, coercive proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any one instalment, it would be open to the respondents to continue the proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge