IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 18223 of 2004(T) -------------------------- PETITIONER(S): --------------- POULOSE, S/O, VAREED, UKKEN KALATHINGAL HOUSE, MURIAD VILLAGE, DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.B.K.PURUSHOTHAMAN RESPONDENT(S): --------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, THRISSUR. 2. THE DEPUTY TAHSILDAR (R.R), THRISSUR. 3. JAYAKUMAR, S/O. JAYAPALAN, KIZHAKOOT HOUSE, ARATTUPUZHA, THRISSUR. ADV. SMT.I.SHEELADEVI, SC,KMTWF BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: PHOTOCOPY OF SALE AGREEMENT DT.24.3.2001 EXECUTED BETWEEN PETITIONER AND R3. P2: PHOTOCOPY OF RELEVANT PAGES OF THE R.C. BOOK OF VEHICLE NO.KL-8-C- 5049. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.18223 of 2004 .................................................................... Dated this the 22nd day of July, 2009. JUDGMENT The petitioner is challenging recovery proceedings for recovery of arrears of Motor Transport Workers Welfare Fund due in respect of vehicle purchased by the petitioner later. Even though W.P. is pending for last several years, no counter is filed. In the circumstances, W.P. is disposed of directing the first respondent to consider whether liability is fastened on the petitioner as operating owner for any period prior to the date of purchase of the vehicle and if so, to proceed against the petitioner for recovery. However, if petitioner is not liable for payment of contribution for any period, no recovery should be made from the petitioner. C.N.RAMACHANDRAN NAIR Judge pms