IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 20538 of 2008(T) -------------------------- PETITIONER: -------------- MOHANDAS.T.P, THYPARAMBIL HOUSE, CHEERANCHIRA POST, CHANGANCHERRY, KOTTAYAM DT. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ----------------- 1. THE DISTRICT EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOTTAYAM. 2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), CHANGANACHERRY. 3. THE VILLAGE OFFICER, VAZHAPPALLY EAST, CHANGANACHERRY TALUK. 4. THE VILLAGE OFFICER, CHETHIPUZHA, CHANGANACHERRY TALUK. 5. P.A. SAINUDEEN, SABITHA MANZIL, KURISUMMOODU, VAZHAPPALLY EAST, CHANGANACHERRY. BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 20538 OF 2008 T ==================== Dated this the 12th day of August, 2008 J U D G M E N T Proceedings for realisation of the Motor Workers Welfare Fund dues for the period 1997 to June, 2002 is challenged in this writ petition. 2. The Stage Carriage KL 5 F 4352 originally belonged to the 5th respondent and was transferred to the petitioner in June, 2001. The assessment of the welfare fund dues for the aforesaid period was completed and the proceedings were initiated for realisation by recovery proceedings directed against the vehicle long after it was transferred to the petitioner. The challenge in this writ petition is mainly on the ground that with the amendment effected in 2005, creating a charge on the vehicle, only the vehicle could be proceeded against and that since the vehicle was transferred in 2001, proceedings cannot be initiated against the vehicle for the dues prior to 2005. Though learned counsel for the 1st respondent has filed a statement indicating the amount that is due in respect of the vehicle in question, the fact that only subsequent to the amendment in 2005, there is a statutory charge on the vehicle is not in WPC 20538/08 :2 : dispute. If that be so, since the liability is for the period upto June, 2002, the vehicle in question which has been transferred to the petitioner in 2001 itself, cannot be proceeded against. Therefore, directing that proceedings for recovery of the balance due shall not be continued against the vehicle in question, the writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp