IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 34715 of 2003(G) -------------------------- PETITIONER(S): --------------- 1. MARTIN ABRAHAM, VELAMMARUKUDIYIL HOUSE, MELUKAVU P.O., KOTTAYAM. 2. KOCHURANI ABRAHAM, VELAMMARUKUDIYIL HOUSE, MELUKAVU P.O., KOTTAYAM. 3. ROSAMMA ABRAHAM, VELAMMARUKUDIYIL HOUSE, MELUKAVU P.O., KOTTAYAM. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON 03/06/2009 DELIVERED THE FOLLOWING: WPC NO.34715/2003 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE AGREEMENT DATAED 07/06/2002. P2 : COPY OF THE NOTICE ISSUED TO 2ND PETITIONER. P3 : COPY OF NOTICE ISSUED TO 3RD PETITIONER. P4 : COPY OF PROVISIONAL ORDER DATED 26/02/2003. P5 : COPY OF OBJECTION DATED 04/03/2003. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.34715 of 2003 --------------------------------- Dated, this the 3rd day of June, 2009 J U D G M E N T The writ petition was filed disputing the liability of the petitioners to pay contribution under the Motor Transport Workers Welfare Fund Act and the Scheme. The prayer made is to require the respondent to consider the objections raised by the petitioners that they are not owners of the vehicles in question, before passing orders in the matter. 2. Taking into account the aforesaid prayer, this Court by order dated 05/11/2003, passed an interim direction to the respondent to pass final determination order only after hearing the petitioner. Therefore, the respondent was at liberty to pass final determination order in terms of the provisions contained under the Welfare Fund Act, and if the petitioners are aggrieved by the order, it is up to them to take recourse of the statutory remedy of appeal, that is available. Leaving open such remedy, this writ petition is closed. (ANTONY DOMINIC, JUDGE) jg