IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 OP.No. 23208 of 2002(K) ----------------------- PETITIONER: ------------ MOOSSA M., AGED 43 YEARS, S/O.KUNHI MOIDEEN HAJI, MADATHIL HOUSE, MELADY P.O., CALICUT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY COMMISSIONER AND SECRETARY TO GOVERNMENT, (LABOUR DEPARTMENT), THIRUVANANTHAPURAM 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOZHIKODE - 11 3. ABDURAHMAN.M, MADATHIL HOUSE, MELADY, CALICUT. 4. ABDUL RAZAK, AGED 35 YEARS OLD, S/O. LATE MAMMU, CHETTIYAN VEETTIL THAZHE HOUSE, MELADY P.O., CALICUT. 5. DEPUTY TAHASILDAR, REVENUE RECOVERY OFFICE, VADAKARA. BY GOVERNMENT PLEADER SRI, SANDESH RAJA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDDER ON CMP.NO.36708 OF 2002 IN OP.NO.23208 OF 2002-K DISMISSED 15.2.2008. SD/= P.N. RAVINDRAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE RELEVANT PAGES OF RC BOOK OF VEHICLE NO.KL G -7925. EXT.P2 COPY OF THE FINAL DETERMINATION ORDER DTD 24.10.01. EXT.P3 COPY OF THE REPRESENTATION BEFORE THE R2 DTD 20.12.01. EXT.P4 COPY OF THE RECOVERY NOTICE ISSUED BY R5 DTD 18.7.02. /TRUE COPY/ cl P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.23208 OF 2002-K -------------------------------------------------------------- Dated this the 15th day of February, 2008. JUDGMENT The petitioner, a stage carriage operator, has in this original petition challenged Ext.P4 demand notice issued under Section 7 of the Kerala Revenue Recovery Act, 1968 demanding payment of the sum of Rs.21,007/=, the interest thereon at 9% per annum from 4.11.2001 and other charges. The recovery proceedings relate to the contribution payable by him to the Kerala Motor Transport Workers Welfare Fund. The petitioner has not in this original petition challenged Ext.P2, the final determination order passed under Section 8 of the Kerala Motor Transport Workers Welfare Fund Act, 1985. 2. I heard Sri.C.R.Sivakumar, the learned counsel appearing for the petitioner and Sri.K.Sandesh Raja, the learned Government Pleader appearing for the respondents. The learned counsel appearing for the petitioner submitted that the petitioner may be given some time to pay the amount demanded in Ext.P4. In the O.P.No.23208/2002 . 2 light of the order that I propose to pass, it is not necessary to serve notice on the 4th respondent. 3. After hearing the learned counsel on either side, I am of the opinion that the original petition can be disposed of by permitting the petitioner to pay the amount demanded in Ext.P4 in five equal monthly instalments commencing from 15th March, 2008. The petitioner shall pay the first instalment on or before 15.3.2008 and the remaining four instalments on 15.4.2008, 15.5.2008, 15.6.2008 and 15.7.2008 respectively. If the petitioner commits default in payment of any one of the instalments, it will be open to the respondents to proceed against the petitioner for realisation of the amount due from him in lump under the provisions of the Kerala Revenue Recovery Act, 1968. The original petition is disposed of as above. No costs. P.N. RAVINDRAN, JUDGE. cl O.P.No.23208/2002 . 3 P.N. RAVINDRAN, J. O.P.NO.23208 OF 2002-K JUDGMENT 15th February, 2008.