IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 OP.No. 12087 of 2001(L) -------------------------------- PETITIONER(S): ----------------------- K. SUGATHAN, KATTIL VEEDU, MAHADEVIKKADU, KARTHIKAPPILLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.K.N.CHANDRABABU RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, HARIPPAD P.O. ALAPPUZHA. 3. THE DEPUTY TAHSILDAR (RR) HARIPPAD, ALAPPUZHA DISTRICT. 4. THE VILLAGE OFFICER, KARTHIKAPPILLY VILLAGE, HARIPPAD, ALAPPUZHA DISTRICT. 5. THE APPELLATE AUTHORITY, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMAD ANZAR FOR R1, R3, R4 & R5 ADVS. SRI.V.V.SURENDRAN FOR R2 SMT.I.SHEELADEVI, SC,KMTWF BOARD FOR R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 12087 of 2001(L) C.M.P. NO.19287/01 IN W.P.(C) NO. 12087 OF 2001 DISMISSED SD/- S.SIRI JAGAN, JUDGE 12.1.2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE TEMPORARY PERMIT DATED 3.3.99. EXT.P2 - TRUE COPY OF THE TEMPRORAY PERMIT DATED 29.10.99. EXT.P3 - TRUE COPY OF THE TEMPORARY PERMIT DATED 31.5.2000. EXT.P4 - TRUE COPY OF THE DINAL ASSESSMENT ORDER PASSED BY THE 2ND RESPONDENT DATED 4.9.2000. EXT.P5 - TRUE COPY OF THE ORDER DATED 24.3.2001 ISSUED BY THE 5TH RESPONDENT. EXT.P6 - TRUE COPY OF THE DEMAND NOTICE DATED 12.1.2001 ISSUED BY THE 3RD RESPONDENT. // TRUE COPY // PA TO JUDGE rhs S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - O.P.No. 12087 of 2001 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2009 J U D G M E N T The matter arises under the Kerala Motor Transport Workers Welfare Fund Act. Ext.P4 final determination order was passed by the 2nd respondent computing the contribution payable by the petitioner under the Act in respect of the employees employed by the petitioner in his stage carriage. Petitioner's appeal against Ext.P4 was rejected by Ext.P5 order by Government as time-barred. The petitioner is challenging Exts.P4 and P5 orders. I am not inclined to entertain the challenge against Ext.P4 and P5 for more than one reasons. In Ext.P4, it is specifically stated that although petitioner was served with a provisional order, he did not file any objection to the same. He also did not appear for the hearing of the case. Despite a detailed letter dated 27.7.2000 was issued to the petitioner to give him another opportunity, pursuant to the same also, the petitioner did not produce any record to disprove the prima facie findings in the provisional order. Ext.P4 order was passed on 4.9.2000. The petitioner filed an appeal only on 19.3.2001 which was dismissed by Ext.P5 order as belated. As stated in Ext.P5, this court had already held in W.A. No. 2076 of 2000 that O.P.No. 12087 of 2001 - 2 - appeal filed beyond statutory period cannot be entertained. A Division Bench of this court has also held that Article 226 of the Constitution of India cannot be invoked for resurrecting a time-barred cause of action. For the above said reasons, I do not find any merit in this original petition and accordingly, the same is dismissed. S.SIRI JAGAN, JUDGE rhs