IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(C).No. 6156 of 2005(G) ------------------------------------- PETITIONER: ------------------- SHAJI JOSEPH, PARUTHIPPARA VEEDU, KATTAPPANA P.O., KATTAPPANA. BY ADV. SRI.I.DINESH MENON. RESPONDENTS: ----------------------- 1. THE REVENUE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY TAHSILDAR (R.R), NEDUMKANDAM. BY GOVT. PLEADER SRI. TEK CHAND. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6156/2005-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE R.R. NOTICE DTD. 14/01/2005 ISSUED TO THE PETITIONER BY THE R.2. EXT.P.2: COPY OF THE REPRESENTATION DTD. 18/01/2005 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. EXT.P.3: COPY OF THE REPRESENTATION DTD. 18/01/2005 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. K. BALAKRISHNAN NAIR, J. --------------------------------------- W.P.(C) No.6156 OF 2005 --------------------------------------- Dated this the 18th day of September, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner is the registered owner of a stage carriage bearing registration No.KL-6/3355. He has been served with Ext.P1 revenue recovery notice, calling upon him to pay the motor transport workers welfare fund, due in relation to that vehicle for the period from April 2002 to March 2003. The petitioner submitted Ext.P2 representation before the respondents stating that he has not been served with any assessment order under the Kerala Motor Transport Workers Welfare Fund Act, which was followed by Ext.P3 representation before the District Executive Officer, Motor Transport Workers Welfare Fund Board, Idukki. This writ petition is filed challenging Ext.P1 notice dt.14.1.2005. 2. In this writ petition, only the Revenue Secretary and Deputy Tahsildar,(R.R), NedunKandam are parties. The Executive Officer of the Motor Transport Workers Welfare Fund has not been made a party. The 2nd respondent has issued W.P.(C) No.6156/2005 2 the notice based on the requisition given by the Motor Transport Workers Welfare Fund. Unless the demand made by the concerned Executive Officer of the Motor Transport Workers Welfare Fund is avoided in appropriate proceedings, the petitioner cannot challenge the revenue recovery notice, Ext.P1, issued to recover the amount due to the fund. The petitioner's liability to the Fund cannot be collaterally challenged in these proceedings. In the result, the writ petition is not maintainable. Accordingly, it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) ps