IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 2481 of 2010(I) ------------------------- PETITIONER: --------------- K.B.KRISHNAKUMAR ,AGED 36 YEARS S/O.BALAKRISHNAN, KALAMBLAYIL HOUSE EDATHALA, ALUVA EAST VILLAGE, ALUVA TALUK. BY ADV. SRI.K.S.RAJEEV (ALUVA) RESPONDENTS: --------------- 1. DISTRICT COLLECTOR,COLLECTRATE OFFICE CIVIL STATION, KAKKANAD, ERNAKULAM. 2. SPECIAL TAHASILDAR (RR) TALUK OFFICE ALUVA. 3. ADDITIONAL D.E.O.KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No.2481 of 2010-I ------------------------------ Dated this the 27th day of January, 2010. J U D G M E N T The petitioner was the registered owner of the stage carriage bearing registration No. KL-7 AC 3989. But he sold the vehicle to somebody in the year 2005. The petitioner is aggrieved of the steps taken by the respondents vide Ext.P1 issued under the Revenue Recovery Act for realization of the amount stated as due from the petitioner as contribution under the Kerala Motor Transport Workers' Welfare Fund Act, in respect of the year 2004- 05. 2. Heard the learned Government Pleader, who entered appearance on behalf of the respondents 1 and 2. 3. The learned Counsel for the petitioner submits that the petitioner is making earnest efforts to clear the liability under Ext.P1 at the earliest opportunity and that he is not in a position to satisfy the amount in a lump sum; being a man without any employment or engagement, but for working as a general worker. 4. Considering the facts and circumstances the petitioner is W.P(C) No.2481 of 2010-I : 2 : permitted to clear the liability by way of ‘four’ equal monthly instalements; the first of which shall be effected on or before 20.2.2010; to be followed by similar instalments to be effected on or before the 20th of the succeeding months. Subject to the above, all recovery proceedings pursuant to Ext.P1 shall be kept in abeyance. However, it is made clear that, if the petitioner does not honour the commitment as above, the respondents are at liberty to proceed against the petitioner for realization of the entire amount in a lump sum. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab