IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 25337 of 2004(N) -------------------------- PETITIONER(S): --------------- K.S. VENUGOPALAN, S/O. SUBRAMANIAN, MANIMANDIRAM, KADAMAKKUDY, KOCHI. BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S): --------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE TAHSILDAR (REVENUE RECOVERY) KANAYANNUR TALUK, ERNAKULAM. 4. GOVERNMENT OF KERALA REPRESENTED BY THE COMMISSIONER AND SECRETARY TO LABOUR DEPARTMENT, THIRUVANANTHAPURAM. ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1 R2 TO R4 BY G.P. SRI. MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ADVANCE CONTRIBUTION NOTICE DATED 1.8.2002 EXT.P2 TRUE COPY OF THE ADVANCE CONTRIBUTION NOTICE DATED 1.8.2002 EXT.P3 TRUE COPY OF DO.DO. EXT.P4 TRUE COPY OF DO.DO. EXT.P5 TRUE COPY OF DO.DO. EXT.P6 TRUE COPY OF THE OBJECTION OF AUGUST, 2002 TO EXTS. P1 TO P5 EXT.P7 TRUE COPY OF THE PROVISIONAL DETERMINATION ORDER ISSUED BY THE FIRST PETITIONER DATED 23.10.2003 EXT.P8 TRUE COPY OF THE REVENUE RECOVERY NOTICE WITH ITS NO. E8.66/02-03/KMT DATED 25.2.2003 EXT.P9 TRUE COPY OF THE REVENUE RECOVERY NOTICE WITH ITS NO. E8.67/02-03/KMT DATED 25.2.2003 EXT.P10 TRUE COPY OF THE REVENUE RECOVERY NOTICE WITH ITS NO. E8.68/02-03/KMT DATED 25.2.2003 EXT.P11 TRUE COPY OF THE REVENUE RECOVERY NOTICE WITH ITS NO. E8.69/02-03/KMT DATED 25.2.2003 EXT.P12 TRUE COPY OF THE REVENUE RECOVERY NOTICE WITH ITS NO. E8.73/02-03/KMT DATED 25.2.2003 EXT.P13 TRUE COPY OF THE REQUEST SENT BY THE PETITIONER TO THE 4TH RESPONDENT DATED 11.8.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 25337 OF 2004 -------------------------------------------- Dated this the 18th day of August, 2009 JUDGMENT Demand under challenge is motor transport workers welfare fund dues due under the provisional determination order. This Court ordered part payment and the same is paid. In the circumstances, W.P.C. is disposed of directing the Executive Officer to complete final determination if not already done after giving an opportunity to the petitioner to raise his objections for the entire period and after hearing the petitioner. Final orders should be passed within three months from now. Demand should be raised only after adjusting the payments already made. (C.N. RAMACHANDRAN NAIR) Judge kk 2