IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 32201 of 2006(H) -------------------------------------- PETITIONER: ------------------ SONIA SIBYCHAN, KUDAKKANCHIRA VEEDU, HILL PALACE ROAD, THIRUVANKULAM, ERNAKULAM. BY ADV. SRI.M.A.MANHU RESPONDENTS: ---------------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. 2. K.S.CHANDRASEKHARAN, MAHANEYAM, KANAYANNUR, CHOTTANIKKARA P.O. 3. DEPUTY TAHSILDAR (R.R.), KANAYANNUR TALUK, ERNAKULAM. GOVERNMENT PLEADER FOR R3 ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1 SRI.N.R.RAJESH FOR R2 SRI.R.ARUN RAJ FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 32201/2006-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE AGREEMENT DATED 01/03/2002. EXT.P2: COPY OF THE RELEVANT EXTRACT OF THE PERMIT OF THE VEHICLE NO.KL-7- J-6552. EXT.P3: COPY OF THE PROCEEDINGS OF THE R .T.A DATED 22/10/2003. EXT.P4: COPY OF THE FINAL DETERMINATION ORDER OF THE 1ST RESPONDENT FOR THE PERIOD 2004-2005 ASSESSING THE PETITIONER LIABLE TO PAY AN AMOUNT OF Rs.34,489/- TOWARDS CONTRIBUTION UNDER THE ACT IN RESPECT OF VEHICLE NO.KL- 7-J-6552. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.32201 OF 2006 --------------------------------------- Dated this the 29th day of September, 2008. J U D G M E N T Petitioner approached this Court with certain grievance regarding liability to pay contribution under the Kerala Motor Transport Workers Welfare Fund Act in respect of the vehicle No.KL-7J-6552. It is seen from Exhibit P3 that the transfer of the vehicle was allowed on 22.10.2003. Apparently, the first respondent was to pass orders in the light of the above factual position. 2. The impugned orders are quashed with a direction to the first respondent to pass fresh orders in the matter in the light of the endorsement referred to above, with notice to the petitioner, second respondent and any other affected party, within a period of three months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 32201 OF 2006 J U D G M E N T 29.09.2008