IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 3750 of 2008(U) ------------------------- PETITIONER: ------------ MONICHAN THOMAS, S/O.KOSHY THOMAS, KALEEKATTIL PANICKARU VEEDU, NJAL BHAGOM, KAVIYOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ------------- 1. THE DEPUTY LABOUR OFFICER, DISTRICT LABOUR OFFICE, PATHANAMTHITTA DISTRICT. 2. THE DEPUTY TAHSILDAR (R.R), TALUK OFFICE, THIRUVALLA. 3. M/S.AVS PROJECT AND CONSTRUCTIONS PVT. LTD., HAVING ITS REGISTERED OFFICE AT THIRUVALLA REPRESENTED BY ITS MANAGING DIRECTOR. 4. M/S.JOY ALUKKAS TRADERS (INDIA) PRIVATE LTD., MARINE DRIVE, KOCHI 682 031 REPRESENTED BY ITS MANAGING DIRECTOR. 5. SRI.VARGHESE THOMAS, KALAYAKKATTIL PANICKARUVEETTIL, KAVIYOOR.P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER, SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3750/2008/U APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE AGREEMENT DATED 15.11.2001. EXT. P2: COPY OF THE DEMAND NOTICE BEARING NO.B5-5/08/MIS. DATED 24.1.2008. EXT. P3: COPY OF THE DEMAND NOTICE BEARING NO.B5-5/08/MIS. DATED NIL. EXT. P4: COPY OF THE ORDER NO.CA(1)TVLA/679/06 DATED 7-5-2007 ISSUED BY THE 1ST RESPONDENT. EXT. P5: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE DEPUTY LABOUR OFFICER, PATHANAMTHITTA DATED 29.1.2008. EXT. P6: COPY OF THE STATEMENT OF OBJECTION FILED BY THE PETITIONER BEFORE THE D.L.O., PATHANAMTHITTA DT. 29.1.2008. EXT. P7: COPY OF THE APPLICATION FOR ISSUANCE OF CERTIFIED COPY OF FINAL ORDER DATED 7.5.2007. EXT. P8: COPY OF THE STATEMENT OF OBJECTION FILED BY THE PTITIONER BEFORE THE DY. TAHSILDAR(RR), THIRUVALLA DT. 29.1.2008. EXT. P9: COPY OF THE AGREEMENT DATED 3.7.2003. EXT. P10: COPY OF THE SETTLEMENT DEED DATED 2.7.2003. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= W.P.(C) No. 3750 of 2008 (U) ======================= Dated this the 31st day of January, 2008 JUDGMENT The petitioner challenges the order under the Kerala Building and Other Construction Workers Welfare Cess Act assessing contributions under the Act and proceedings under the Revenue Recovery Act for recovery of the cess assessed which are Exts. P2, P3 and P4 in the writ petition. In so far as the petitioner has a remedy by way of appeal against Ext.P4 order, I am not inclined to entertain this writ petition at this stage. Therefore, without prejudice to the right of the petitioner to file appeal against Ext.P4 order, this writ petition is dismissed. However, in order to enable the petitioner to file appeal, I direct the respondents to keep further proceeding pursuant to Exts. P2, P3 and P4 for a period of two weeks. S.SIRI JAGAN, JUDGE jp