IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 3160 of 2006(A) -------------------------------- PETITIONER: ------------------- K.P.SAMLAL BABU, AMBADY, AZAD ROAD, KALOOR, KOCHI-17. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL RESPONDENTS: ------------------------ 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, ERNAKULAM. 2. THE SPECIAL TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM. 3. THE SPECIAL VILLAGE OFFICER (RR), ELAMKULAM VILLAGE, ERNAKULAM. 4. SHRI.SHAMALAN, S/O.T.K.PADMANABHAN, VADAKKECHERUPILLY HOUSE, KALOOR, KOCHI-17. BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD - R2 BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR . K.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3160/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE PAGES 2,3,10 AND 11 OF THE REGISTRATION CERTIFICATE BOOK OF THE VEHICLE KCF 855. EXT.P2:- COPY OF THE DEMAND NOTICE NO. E7-25521/04 DT. 1.7.1994 ISSUED BY THE 2ND RESPONDENT. EXT.P3:- COPY OF THE DEMAND NOTICE NO.E7-2559/94 DT. 1.8.94 ISSUED BY THE 2ND RESPONDENT. EXT.P4:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN OP. NO.12030/94 DT. 20.10.2003. EXT.P5:- COPY OF THE DEMAND NOTICE NO.E8-22/05-06/KMT DT. 27.10.2005 ISSUED BY THE 2ND RESPONDENT. EXT.P6:- COPY OF THE DETERMINATION ORDER NO.B1-313/87.EE . 341 DT. 30.11.1996 ISSUED BY THE IST RESPONDENT. EXT.P7:- COPY OF THE ORDER NO.EE.341/DN/91-92 DT./ 20.1.2003 ISSUED BY THE IST RESPONDENT. EXT.P8:- COPY OF THE ORDER NO.EE.341/DN/92-93 DT. 20.1.2003 ISSUED BY THE IST RESPONDENT. EXT.P9:- COPY OF THE ORDER NO.EE.341/DN/93-94 DT. 20.1.2003 ISSUED BY THE IST RESPONDENT. EXT.P10:- COPY OF THE ORDER NO.EE.341/DN/94-95 DT. 20.1.2003 ISSUED BY THE IST RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.3160 of 2006 ----------------------------------------- Dated this the 20th day of June, 2008 JUDGMENT Petitioner is aggrieved by Exts.P5 and P6. Though steps have been taken pursuant to Ext.P4 judgment wherein this court had held that the liability of the petitioner for contribution to the Motor Transport Workers Welfare Fund will arose only for the period the petitioner owned and operated the vehicle, according to the petitioner, this aspect has not been taken into consideration while taking the impugned action. Learned Standing Counsel submits that only because of the non-co- operation on the part of the petitioner the order happened to be passed, since the petitioner did not produce the relevant materials. According to the petitioner Exts.P7 and P8 orders should have been taken into consideration by the first respondent while passing the order. Be that as it may, there will be a direction to the petitioner to appear before the first respondent on 18-8-2008. The 4th respondent shall also be directed to appear on that day. The first respondent shall pass fresh orders W.P(C) No.3160 of 2006 -:2:- in the matter taking into consideration the contentions taken by the petitioner and also taking into consideration Exts.P7 to P10. In order to enable the first respondent to pass orders as above, the impugned orders as quashed. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.3160 of 2006 ----------------------------------- JUDGMENT 20th June, 2008