IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 3898 of 2005(L) ------------------------- PETITIONER(S): --------------------- KOCHUNNI P.A., PERUMPILLY HOUSE, EDAYAPPURAM, ALUVA. BY ADV. SRI.C.T.RAVIKUMAR SMT.K.S.SAIRA RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & RAHABILITATION(S) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, ERNAKULAM. 3. THE SPECIAL TAHSILDAR (RR), ALUVA. ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R2. BY GOVT. PLEADER SRI. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 3898/2005. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE FINALDETERMINATION ORDER NO.EE- 1129/FDO/99-03 DT. 31.12.2003 OF THE 2ND RESPONDENT. EXT. P2 : TRUE COPY OF THE APPEAL DT. 19.12.2004 FILED BEFORE THE FIRST RESPONDENT. EXT. P3 : TRUE COPY OF THE NOTICE. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.3898 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October, 2008 JUDGMENT Recovery steps were taken in this case pursuant to Ext.P1 order. Petitioner has admittedly preferred appeal before the Government, submits the learned Standing Counsel appearing on behalf of the second respondent. 2. I heard learned Government Pleader also. The writ petition is disposed of directing the first respondent to consider and dispose of Ext.P2 appeal filed by the petitioner in accordance with law after affording an opportunity of hearing to the petitioner also within a period of two months from the date of production of a copy of this judgment. Till such time as a decision is taken, recovery will be kept in abeyance. (K.M. JOSEPH, JUDGE) sb