IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WA.No. 391 of 2005(E) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19011/2004 Dated 18/01/2005 .................... APPELLANT: PETITIONER ------------------------ P.KUNJAMMU HAJI, PARATTU HOUSE, PUTHENPARAMBU P.O., EDARIKKODE, MALAPPURAM. BY ADV. MR.P.V. JAYACHANDRAN RESPONDENT(S): RESPONDENTS -------------------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, MALAPPURAM. 2. THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, THIRURANGADI, MALAPPURAM. 3. V.MOIDEEN, VALLAKODAN HOUSE, PARACHILANGADI, EDARIKKODE, MALAPPURAM. GOVERNMENT PLEADER MS. K. MEERA ADV. MR.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1 MR.MUJEEB THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & P.BHAVADASAN, J. =========================== W.A.No.391 of 2005 - E =============================== Dated this the 10th day of February, 2009. J U D G M E N T Koshy, Ag.CJ. When recovery proceedings were taken on the basis of the final determination order passed under the Motor Transport Workers Welfare Fund Act, petitioner approached this Court. Learned Single Judge found that the final determination order was passed improperly and directed the Executive Officer to pass fresh final determination order. We see no ground to interfere in the above proceedings. The direction to pay Rs.15,000/- was only a condition for stay of recovery proceedings against the petitioner. He need not pay the same if there is no recovery proceedings against him. But, final determination order should be passed according to law. Appellant/petitioner can also raise his objections and contentions, and contend that he is only a purchaser of the asset, before the statutory authority. The writ appeal is disposed of as above. J.B.KOSHY, ACTING CHIEF JUSTICE. P.BHAVADASAN, JUDGE. bkn/-