IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 5935 of 2005(F) ------------------------- PETITIONER: ----------- A.S.SASIDHARAN, ALUMCHUVATTIL HUSE, PANDANADU P.O., CHENGANNUR. BY ADV. SRI.BABU CHERUKARA RESPONDENTS: ------------- 1. THE SECRETARY, LABOUR & REHABILITATION (S) DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ALAPPUZHA. 3. DEPUTY TAHSILDAR (R.R), CHENGANNUR TALUK, CHENGANNUR. BY GOVT.PLEADER SRI P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.5935/2005 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE PHOTOCOPY OF THE ORDER BEARING NO.G.O.(RT.)NO.36/2000 LBR, THIRUVANANTHAPURAM, DTD. 5/1/2000. EXT.P2 TRUE PHOTOCOPY OF THE APPEAL NO.28300/S2/04/LBR DTD. 30/11/2004 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P3 TRUE PHOTOCOPY OF THE STAY PETITION IN THE ABOVE APPEAL FILED BY THE PETITIONER BEFORE THE IST RESPONDENTS DATED 30/11/2004. EXT.P4 TRUE PHOTOCOPY OF THE REVENUE RECOVERY NOTICE DTD. 27/5/1999 ISSUED BY THE 3RD RESPONDENT. EXT.P5 TRUE PHOTOCOPY OF THE REVENUE RECOVERY NOTICE DTD. 22/7/1999 ISSUED BY THE 3RD RESPONDENT. P.R.RAMAN, J. --------------------------- W.P.(C).No.5935 OF 2005 ---------------------------- Dated this the 27th day of May, 2008 JUDGMENT The challenge in this writ petition is against the order fixing the liability of the petitioner under the Kerala Motor Transport Workers Welfare Fund Act for the years 1996-97 and 1997-98 in respect of the vehicles KEH-4399 and KL-7M/6327. According to the petitioner, he has preferred an appeal belatedly and in the meantime revenue recovery proceedings for recovery of the amount due has taken by the original authorities. There is no dispute that the appeal was filed belatedly. As per the statute, the Appellate Authority can condone the delay of only 60 days and he has no power to condone the delay beyond 60 days. This is the issue already covered by the decision of this Court in Kerala Motor Transport Workers' Welfare Fund Board v. Government of Kerala (2001 (1) KLT 608). Therefore, the appeal itself filed beyond 60 days is not maintainable. When the petitioner has not approached the Appellate Authority within the statutory period, he has to blame himself for the same and he has no cause for challenging the original order by circumventing the provisions of the -2- W.P.(C).No.5935/2005 appellate remedy by filing the writ petition. In the circumstances, there is no merit in the writ petition and accordingly the same is dismissed. Sd/- P.R.RAMAN, Judge. kcv.