IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 3707 of 2008(N) ------------------------------------------ PETITIONER: -------------------- ABDUL MAJEED B. S/O.AHMADKUTTY, VALLANCHIRA HOUSE THURACKAL P.O., NARUKKARA VILLAGE MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, LABOUR DEPARTMENT GOVERNMENT SECRETARIAT, THAIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, MALAPPURAM. 3. DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPROT WORKERS WELFARE FUND BOARD MALAPPURAM. 4. DEPUTY TAHILDAR (R.R) ERANAD MALAPPURAM DISTRICT. 5. VILLAGE OFFICER NARUKARA VILLAGE, ERANADU TALUK MALAPPURAM DISTRICT. BY ADV. SRI.K.HARILAL (SC FOR KMTWF) SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD GP. ADV. SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ============================= WRIT PETITION NO. 3707 OF 2008 ============================== Dated this the 5th day of February 2008 JUDGMENT The petitioner submits that revenue recovery proceedings have been initiated against him, without even serving a copy of the final determination order passed in terms of the provisions contained under the Kerala Motor Transport Workers Welfare Fund Board and scheme framed thereunder. Standing Counsel for the Board, on instructions, submits that notices of enquiry were issued and that the petitioner did not respond to any of those notices. It is also stated that final determination order was also passed on 18.12.2006 and that though the said order was sent to the petitioner, that was returned by the postal authorities with the endorsement `unclaimed'. According to the standing counsel, it is in these circumstances, revenue recovery proceedings have been initiated for realising the dues from the petitioner in terms of the final determination order. 2. In view of the factual position, as above, I cannot find any fault with the respondents for initiating recovery action since W.P.9C)3707/2008 2 till date the petitioner has not filed any appeal against the final determination order. In view of this, the only direction that can be issued is that on the petitioner approaching the third respondent, the third respondent shall issue a copy of the final determination order passed on 18.12.2006. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE css/