IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 439 of 2008(B) ------------------------ PETITIONER: --------------- ABDUL JABBAR, S/O.MOIDEEN, AGED 39 YEARS, CHOKLI HOUSE, AAKKAPADY, KARIPOOR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------------ 1. THE EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, MALAPPURAM. 2. THE DEPUTY TAHSILDAR, ARREAR COLLECTION, THIROORANGADI TALUK, THIROORANGADI, MALAPPURAM DISTRICT. BY SRI.P.RAMAKRISHNAN, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 439 OF 2008 B ===================== Dated this the 4th day of January, 2008 J U D G M E N T Ext.P1 is the final determination order passed by the 1st respondent for the period 2002-04 determining the amount that is due from the petitioner towards the Motor Transport Workers Welfare Fund Board. Petitioner submits that since the order was passed without hearing him, he had submitted Ext.P2 application for setting aside Ext.P1. According to him, while Ext.P2 is pending consideration of the 1st respondent, revenue recovery proceedings are initiated by Ext.P4 for realising the amount that is due in terms of Ext.P1. 2. As rightly pointed out by the standing counsel for the 1st respondent, since Ext.P1 final determination order pertains to the period 2002-04, the power conferred by the Amendment Act of 2005 to set aside ex parte orders cannot be made applicable to WPC 439/08 :2 : set aside Ext.P1. If that be so, the course available to the petitioner is to have pursued the appellate remedy before the Government. This the petitioner has not done. 3. Therefore, I dispose of this writ petition with the following directions. 1) That within one month from today, it will be open to the petitioner to file an appeal against Ext.P1 final determination order before the appropriate authority. 2) In the meantime, further proceedings pursuant to Ext.P5 will stand deferred for eight weeks on condition that the petitioner remits Rs.20,000/- within three weeks from today before the 1st respondent. During the aforesaid period of eight weeks, it will be open to the petitioner to seek appropriate interim orders from the appellate authority. Needless to say that the payments made as above will be given credit while the liability is finally quantified. ANTONY DOMINIC, JUDGE. Rp