IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 32109 of 2005(V) -------------------------- PETITIONER: --------------- SUDEEP PAUL, S/O.JOSE, LOYAL COTTAGE, B - STREET, MANANTHAVADY. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: --------------- 1. THE KERALA MOTOR TRANSPORT WORKERS, WELFARE FUND BOARD, REGIONAL OFFICE, WAYANAD. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, MANANTHAVADY. 3. THE VILLAGE OFFICER, MANANTHAVADY. ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No.32109 of 2005 -V ------------------------------ Dated this the 4th day of January, 2010. J U D G M E N T Ext.P1 notice issued by the second respondent under the Kerala Revenue Recovery Act seeking to realise the arrears payable by the petitioner under the Kerala Motor Transport Workers' Welfare Fund Act, in respect of the vehicle bearing 'No.KL 12/B 403' has been subjected to challenge in this writ petition, contending that the petitioner has absolutely no connection what so ever with the above vehicle, which is sought to be substantiated by producing Ext.P3 registration particulars showing that the said vehicle was a 'motor car' and the RC owner is one T.C.James. The petitioner is challenging the coercive steps taken by the concerned respondent, particularly in seizing the motor cycle bearing No.KL 12/B 2909 belonging to the petitioner as per Ext.P2 seizure mahazar. The prayer in this writ petition is to set aside Exts.P1 and P2 and to return the possession of the motor cycle seized from him vide Ext.P2 and to award cost of the proceedings. 2. The first respondent has filed a detailed statement on W.P(C) No.32109 of 2005 -V 2 9.1.2006 contending that the petitioner was the owner of the stage carriage vehicle bearing registration 'No.KL 12/B 4035' and that steps were initiated against him in the course of enquiry regarding fixation of the quantum payable in respect of the contribution under the Kerala Motor Transport Workers' Welfare Fund Act. It has been stated that, even though enquiry notice was issued, followed by the provisional determination order, there was no response from the part of the petitioner and no statement of objection was ever filed, under which circumstances, the first respondent passed the final determination order in respect of the year 2003-04 and the same was sent to the petitioner which was acknowledged by him on 4.1.2005. Despite the service of the final determination order, the petitioner did not choose to challenge the same by filing any appeal nor he did not choose to remit the amount. It was accordingly that necessary requisition was made to realise the amount by invoking the provisions under the Revenue Recovery Act, leading to Exts.P1 and P2. The learned counsel for the first respondent submits with specific reference to the contents of para 3 of the statement as above, that the actual number of the vehicle owned by the petitioner was 'KL 12/B 4035', which unfortunately was wrongly shown as 'KL 12/B 403', omitting the last digit in Ext.P1. W.P(C) No.32109 of 2005 -V 3 3. Taking note of the actual facts and figures, this Court passed an interim order on 23.1.2006 directing the petitioner to file an additional affidavit about the facts stated by the first respondent in the statement filed before this Court. The petitioner is yet to be comply with the said direction. 4. Taking note of the fact that no additional affidavit was filed by the petitioner, despite the specific direction given on 23.1.2006, it was observed by this Court on 17.2.2006 that the petitioner was trying to make capital out of an omission or mistake in noting the registration number of the vehicle by the first respondent. In the said circumstances, this Court directed the second respondent to recover the arrears from the petitioner and to file a report before this Court within two weeks. Such report is also yet to be filed. 5. Obviously, no additional affidavit or any reply affidavit has been filed by the petitioner as to the actual position involved ie. with regard to the ownership of the petitioner in respect of the stage carriage bearing registration 'No.KL 12/B 4305'; the proceedings pursued by the first respondent as to the fixation of the amount due under the Kerala Motor Transport Workers' Welfare Fund Act in respect of the period in question and about the finalisation of the W.P(C) No.32109 of 2005 -V 4 proceedings as above. The petitioner has stated nothing about his ownership over the stage carriage bearing registration 'No.KL 12/B 4035' but for asserting that the vehicle bearing 'No.KL 12/B 403' was a motor car owned by one T.C.James and he was not the owner of the said vehicle. In other words, even after the specific direction given by this Court on 23.1.2006, the petitioner has not filed any additional affidavit to bring out the facts and figures, if there was any mistake on the part of the first respondent nor has he chosen to express any regrets in not having narrated the entire facts and events, particularly with regard to the ownership of the stage carriage vehicle bearing registration 'No.KL 12/B 4035' and the proceedings which led to Exts.P1 and P2. As such, there is a clear attempt on the part of the petitioner in trying to abuse the process of this Court, which is liable to be dealt with seriously. In the above facts and circumstances, this Court finds that there is absolutely no merit or bonafides in the Writ Petition and the interference was sought for, only on ill-motivated grounds. The Writ Petition fails and it is dismissed with cost of Rs.3,000/- to be paid to the first respondent. Sd/- ab P.R.RAMACHANDRA MENON, JUDGE