IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1345 of 2008(I) ---------------------------------- PETITIONER: ----------------- K.K.SASI, S/O.KOCHU THEVAN, KUMBALAPARAMBIL HOUSE, THAIKKATTUKARA P.O., ALUVA. BY ADV. SRI.K.R.KURUP SRI.C.R.SYAMKUMAR SRI.K.J.ABRAHAM SRI.LAVARAJ M.G. SRI.JOSE KURIAN SRI.C.R.VINOD KUMAR RESPONDENTS: --------------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALARIVATTOM, ERNAKULAM. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, ALUVA. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD ADV. SRI. P. RAMAKRISHNAN, SC KTWWFB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ========================= W.P.(C)NO.1345 OF 2008 ========================= Dated this the 15th day of January 2008 JUDGMENT Challenge in the writ petition is against the revenue recovery notice issued at the instance of the first respondent for realisation of the amount that are due under the Motor Transport Workers Welfare Fund. Petitioner submits that on receipt of Ext.P1, he had filed Ext.P3 objection and thereafter he received Ext.P5, requiring him to appear for an enquiry. It is submitted that he had appeared for the enquiry and filed Ext.P6 affidavit. According to the petitioner, though the enquiry has been completed as above, without passing final determination order, revenue recovery steps have been taken. On the other hand what is stated by the standing counsel for the respondents is that the petitioner did not produce documents or participate in the enquiry and as a result of which final determination order has not been passed even now. According to the learned counsel Exts.P7 and P8 are only for realising the advance contribution as mentioned in Exts.P1 and P2. 2. Despite the factual controversy that is involved, the fact W.P.(C)1345/2008 2 remains that the final determination order has not been passed until now. If that be so, it is for the first respondent to complete the enquiry and pass final determination order. 3. In view of this order, I dispose of the writ petition directing that the first respondent shall pass final determination order in the matter with notice to the petitioner. This shall be done as expeditiously as possible, at any rate within eight weeks on receipt of a copy of this judgment. In the meanwhile further proceedings pursuant to Exts.P7 and P8 will stand deferred until final orders are passed in this case. ANTONY DOMINIC, JUDGE css/