IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 28030 of 2006(J) -------------------------- PETITIONER: ------------ JOSE THELLIYIL, THELLIYIL HOUSE, CHERUPUZHA P.O., BAIKARA VILLAGE, KANNUR DISTRICT. BY ADV. SRI.M.VIJAYAKUMAR RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, KANNUR. 2. ADDITIONAL TAHSILDAR, TALIPARAMBA. 3. VILLAGE OFFICER, BAIKARA. 4. KERALA MOTOR TRANSPORT WORKERS WELFARE BOARD REPRESENTED BY ITS SECRETARY, TRIVANDRUM. BY ADV. SRI.K.HARILAL, SC,KMTWF BOARD FOR R4 SRI.PAULSON C.VARGHESE,SC,KMTWF BOARD FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28030/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF the AGREEMENT DATED 15/11/1995. P2 : COPY OF THE AGREEMENT DATED 23/04/1997. P3 : COPH OF THE REVENUE RECOVEYR NOTICE. P4 : COPY OF THE REVENUE RECOVERY NOTICE. P5 : COPY OF OBJECTION TO THE 1ST RESPONDENT DATED 17/10/2006. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 28030 of 2006 --------------------------------- Dated, this the 19th day of September, 2008 J U D G M E N T The writ petition is filed challenging recovery proceedings for recovery of motor transport workers welfare fund dues. Petitioner's case is that he was not served with any notice or final determination order before recovery proceeding is initiated. Even though, notice is served respondents have not cared to file any statement or counter affidavit. In the circumstances, this Court is prevented from deciding the case on merits. However, petitioner admits that he was the registered owner of the stage carriage for three years and has not stated whether he has made any contribution. Obviously, he is liable to pay contribution for the period he was operating the stage carriage. The writ petition is, accordingly, disposed of directing the Executive Officer of the welfare fund concerned to give copies of adjudication orders to petitioner for him to file appeal if he has any objection and if he so desires. However, recovery can be continued subject to the result of the appeal to be filed by the petitioner. If petitioner gets WP(C) No.28030/2003 -2- any reduction in any appeal or in any other proceedings, petitioner can claim refund. (C.N.RAMACHANDRAN NAIR, JUDGE) jg