IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 OP.No. 26894 of 2001(B) ----------------------- PETITIONER: ------------ K.V. SHAJI, KANADI VEEDU, THELATHURUTHI, N. KUTHIYATHODE P.O., N. PARAVUR. BY ADV. SRI.G.PRABHAKARAN RESPONDENTS: ------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE COMMISSIONER AND SECRETARY TO LABOUR DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. THE TAHSILDAR (RR), N. PARUR. R2 TO R4 BY GOVERNMENT PLEADER SRI.K.P. PRADEEP R1 BY ADV. SRI.P.RAMAKRISHNAN SC,KMTWWF THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP43594 OF 2001 IN OP 26894 OF 2001 DISMISSED 2.1.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE FINAL DETERMINATION ORDER ISSUED BY THE FIRST RESPONDENT WITH ITS NO. EE 254/FDO/94-95 DATED 30.6.99 EXT.P2 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPSONDENT ON 5.1.2000 EXT.P3 TRUE COPY OF THE REVENUE RECOVERY NOTICE WITH ITS NO. C2.138/99/2000/KMT DATED 13.3.2000 EXT.P4 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 13.3.2000 EXT.P5 TRUE COPY OF THE INTIMATION WITH ITS NO. EE 254/94 DATED 14.5.2001 EXT.P6 TRUE COPY OF THE REQUEST SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 4.9.2001 EXT.P7 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT WITH ITS NO. G.O. (RT) NO. 1056/2001/LBR DATED 22.3.2001 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 26894 OF 2001 -------------------------------------------- Dated this the 2nd day of January, 2008 JUDGMENT Since the prayer is only for instalment facility to clear the balance arrears of transport workers welfare fund contribution, O.P. is disposed of granting five equal monthly instalments to the petitioner to clear the balance arrears with interest, first of which will be paid on or before 31.1.2008 and the balance on or before the last day of four succeeding months. Revenue 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 will stand automatically cancelled and respondents will be free to proceed for recovery of entire arrears due. If payment is made by the petitioner voluntarily as above, then no collection charges will be recovered from the petitioner. (C.N. RAMACHANDRAN NAIR) Judge 2