IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 25234 of 2005(D) -------------------------- PETITIONER: ------------ C.K. AJITH, S/O. KUNJUKUTTAN, JYOTHI BHAVAN, CHARANGATTU, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ------------- 1. DEPUTY TAHSILDAR (R.R), CHERTHALA, ALAPPUZHA DISTRICT. 2. VILLAGE OFFICER, CHERTHALA VILLAGE, CHERTHALA, ALAPPUZHA DISTRICT. 3. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, HARIPAD P.O., ALAPPUZHA DISTRICT. 4. REGIONAL TRANSPORT OFFICER, ALAPPUZHA. R1, R2 & R4 BY G.P. SMT. SMITHA R3 BY SC SRI. HARILAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 29.7.2005 CALLING UPON THE PETITIONER TO PAY A SUM OF RS. 71183/-. EXT.P1(a) TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 29.7.2005 CALLING UPON THE PETITIONER TO PAY A SUM OF RS. 71183/-./ EXT.P2 TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 29.7.2005 CALLING UPON THE PETITIONER TO PAY A SUM OF RS. 75411/-. EXT.P2(a) TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 29.7.2005 CALLING UPON THE PETITIONER TO PAY A SUM OF RS. 75411/-. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 25234 OF 2005 -------------------------------------------- Dated this the 27th day of June, 2008 JUDGMENT Heard counsel for the petitioner and standing counsel appearing for the Motor Transport Workers Welfare Fund Board. Even though petitioner's case is that he was not served with final determination orders for both the years, 2001-02 and 2002-03, standing counsel submitted the dates on which final determination orders were issued and the dates on which such orders were served on the petitioner. Therefore the argument of petitioner that recovery is initiated before service of final determination orders is not tenable. So far as the contest against quantum of demand is concerned, petitioner's case is that petitioner operated his service on the national highway route under temporary permits as a stop gap arrangement and therefore demand is not tenable. Apparently this is a genuine argument. However, I do not think there is any necessity to remand the case because as against normal employment of 4 to 5 workers in a bus, the total number of 2 workers for whom demand is raised are only 7 and the number of buses operated by the petitioner were 4. In the circumstances, demand is quite reasonable and therefore no interference is warranted in recovery proceedings. However, petitioner is granted 10 equal monthly instalments to clear the balance arrears, first of which will be paid on or before 25th of July, 2008 , and the balance on or before 25th of nine succeeding months. Recovery proceedings will be kept in abeyance for payments as above, and if petitioner commits default in payment of any instalment, the instalment facility granted herein will stand automatically vacated and respondents will be free to proceed for recovery of the entire amount due. Since counsel for the petitioner submitted that vehicles of 15 years were abandoned, it is for the petitioner to raise this contention for later years. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 3 4