IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 OP.No. 8074 of 2002(J) ---------------------- PETITIONER: ------------ T.A.GEORGEKUTTY, THANIVILAYIL HOUSE, PAZHAKKULAM P.O., ADOOR, PATHANAMTHITTA. BY ADV. SRI.D.KISHORE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS JOINT SECRETARY TO GOVERNMENT LABOUR AND REHABILITATION(S) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOLLAM. 3. THE DEPUTY TAHSILDAR (RR) ADOOR. 4. THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, ADOOR. *5. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PATHANAMTHITTA. (*IMPLEADED AS ADDITIONAL 5TH RESPONDENT AS PER ORDER DATED 02/01/2008 IN CMP NO. 29553/2002) BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD SMT.SMITHA SUKUMAR, GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 8074/2002 ORDER ON CMP NO.14474/2002 IN O.P.NO. 8074/2002 DISMISSED. 02/01/2008 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF SALE DEED DATED 07/03/1999. P2 : COPY OF FINAL DETERMINATION ORDER NO.EP 675/FDO/00-01 ISSUED BY 2ND RESPONDENT. P3 : COPY OF REPLY GIVEN BY PETIITONER ON 14/08/2001 TO 2ND RESPONDENT. P4 : COPY OF NOTICE UNDER SECTION 7 OF THE RR ACT ISSUED BY 3RD RESPONDENT. P5 : COPY OF REGISTRATION PARTICULARS ISSUED BY 4TH RESPONDENT ON 22/03/2002. P6 : COPY OF REPRESENTATION SUBMITTED BY PETITIONER ON 19/03/2002 BEFORE 1ST RESPONDENT. P7 : COPY OF ORDER G.O.(Rt.) NO.624/02/LB/2 DATED 23/03/2002. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- O.P. No. 8074 of 2002 --------------------------------- Dated, this the 2nd day of January, 2008 J U D G M E N T Since petitioner has submitted that the vehicle is sold in 1999 and since the demand of motor transport workers welfare fund contribution is for the year 2000-01, this original petition is disposed of directing the petitioner to produce evidence of sale of vehicle, before the additional 5th respondent – District Executive Officer, Pathanamthitta, for him to re-consider the correctness of the order. The District Executive Officer, Pathanamthitta is directed to re-consider petitioner's objection and modify the final determination order to the extent required, within a period of two months from receipt of this judgment. Petitioner will produce copy of the judgment and evidence of sale of vehicle before the authority. Interim order of stay will continue until order is issued as above and thereafter recovery will be based on revised order to be issued by the District Executive Officer. However, if petitioner does not produce copy of the judgment and evidence of sale of vehicle before the District Executive Officer, recovery can be continued as per the order already issued. (C.N.RAMACHANDRAN NAIR, JUDGE) jg