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 WP(C).No. 25649 of 2004(C) -------------------------- PETITIONER: ------------ N.K.P.NABEESA, AGED 44 YEARS, W/O. ABDULRAHIMAN, NANGARATH KUNDILE PEEDIKAYIL, PERINGOME, P.O. PRINGOME, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE SPECIAL TAHSILDAR (RR) TALIPARAMBA, KANNUR DISTRICT. 3. THE VILLAGE OFFICER, RAMANTHALI, PAYYANNUR (VIA). 4. K.P.MARIYAM, W/O. ABDUL KHADER HAJI, KANAPPURAM HOUSE, VADAKKUMBAD. *5. THE MOTOR TRANSPORT WELFARE FUND INSPECTOR, KANNUR. (*IMPLEADED AS ADDITIONAL 5TH RESPONDENT AS PER ORDER DATED 01/01/2008) BY GOVERNMENT PLEADER SRI.PAULSON C VARGHESE, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 25649/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF SALE AGREEMENT DATED 12/04/2001 OF STAGE CARRIAGE BUS REG. NO.KL/11D 8789. P2 : COPY OF RELEVANT PAGES OF R.C.BOOK OF BUS REG. NO.KL-11 D 8789. P3 : COPY OF REVENUE RECOVERY NOTICE NO.E2-9315/04 DATED 04/06/2004. P4 : COPY OF REVENUE RECOVERY NOTICE NO.E2-9316/04 DATED 04/06/2004. P5 : COPY OF ENQUIRY NOTICE ISSUED BY DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD DATED 04/09/2004. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- WP(C) No. 25649 of 2004 --------------------------------- Dated, this the 2nd day of January, 2008 J U D G M E N T Heard learned counsel for petitioner and learned standing counsel for additional 5th respondent impleaded. 2. Arrears sought to be recovered is motor transport workers welfare fund contribution due in respect of a stage carriage. Even though petitioner denied liability, counter affidavit shows that final determination order is made based on statement furnished by petitioner. The other persons involved are close relatives of the petitioner. In the circumstances, this writ petition is disposed of directing petitioner to remit 1/3rd more of the demand within a period of three weeks from receipt of this judgment and file objection before the additional 5th respondent for him to re-consider the matter in fresh adjudication. Petitioner should be heard before final adjudication orders are issued. If petitioner makes payment and files objection as above, additional 5th respondent will consider petitioner's objection and re-issue final adjudication order within a period of one month thereafter. If payment is made as above, recovery of balance 1/3rd will remain stayed till a final decision is taken by additional 5th respondent. However, if petitioner does not WP(C) No. 25649/2004 -2- make payment of 1/3rd more of the demand as above, recovery can be continued treating the present order as final. (C.N.RAMACHANDRAN NAIR, JUDGE) jg