IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 20257 of 2002(J) ----------------------- PETITIONER: ------------ A.SHAMSUDHEN, VALIYAVILA PUTHEN VEEDU, MYNAGAPPALLY P.O., KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.S.SUDHEESHKAR RESPONDENTS: ------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR WORKERS WELFARE FUND BOARD, KOLLAM. 2. THE TAHSILDAR (R.R),KUNNATHUR, KOLLAM. 3. THE VILLAGE OFFICER, MYNAGAPPALLY VILLAGE, KUNNATHUR TALUK. 4. V.S.RAVEENDRAN PILLAI, VALLARA VEEDU, THENGELI, THIRUVALLA. 5. M.GE VARGHESE, BETHEL BHAVAN, ERATHU, KULAKADA P.O., KOTTARAKKARA. R2&3 BY G.P. SMT.N.SUDHA DEVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.34727/2002 IN O.P. NO.20257/2002 DISMISSED: 8.2.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF NOTICE DT.31.12.99. P2: .DO. .DO. P3: TRUE COPY OF SALE LETTER DT.22.10.98. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.20257 of 2002 .................................................................... Dated this the 8th day of February, 2008. JUDGMENT The petitioner is challenging recovery proceedings for recovery of Motor Transport Workers Welfare Fund arrears. Even though O.P. was pending for the last nearly six years, no counter is filed by the first respondent. In any case since there is statutory remedy against final determination orders, it is for the petitioner to collect the order from the first respondent and challenge the same in appeal. Consequently, there will be direction to the first respondent to issue copy of the proceedings based on which revenue recovery is initiated for the petitioner to challenge it in appeal or in court. The O.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms