IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24518 of 2008(R) -------------------------- PETITIONER: ---------------- M.K. SHYAMALA, W/O.MUKUNDAN (LATE), SHAMA NIVAS, MUDAYAD.P.O, KANNUR TALUK. BY ADV. SMT.K.K.CHANDRALEKHA SRI.GOPAKUMAR G. (ALUVA) RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, TRANSPORT MINISTRY SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND, KANNUR. 3. THE DISTRICT COLLECTOR, KANNUR. 4. THE TAHSILDAR (REVENUE RECOVERY), KANNUR. 5. K.M. VALSALAN, S/O. CHATHUKUTTY, CHIRAKKAL AMSOM AND DESOM. 6. T. MANOHARAN, S/O. KUNHAPPA NAIR, CHERUKUNNU AMSOM AND DESOM. 7. KADANKODAN PRASANTHAN, CHEMBILODU AMSOM, KAYODU DESOM. 8. VIJAYAN, CHEMBILODU AMSOM, KOYODU DESOM. 9. V.V. SREEJITH KUMAR, S/O. T.K. PURUSHOTHAMAN, AMBA NIVAS, PERINGALAI, KAPPAD, KANNUR. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. SRI. PAULSON C. VARGHESE-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.24518 OF 2008 ---------------------------------------- Dated this the 13th day of August, 2008 JUDGMENT The petitioner challenges proceedings initiated under the Revenue Recovery Act as per Ext.P12 notice to recover contributions payable by the petitioner under the Kerala Motor Transport Workers Welfare Fund Act. The petitioner is not entitled to the reliefs prayed for on several grounds. First is that Ext.P12 notice is dated 18.12.2007, which is being challenged on 12.8.2008. Secondly, the recovery proceedings are for recovery of dues for the year 1994-1995. Admittedly, The petitioner was served with a final determination order computing amounts due from the petitioner under the Act. The petitioner had challenged the same before the Government, which was dismissed by Ext.P5 order as early as on 31.10.2003. That order has not been subjected to challenge within any reasonable time. Further by Ext.P6 notice dated 3.8.2004, in view of the dismissal of the appeal by Ext.P5, the petitioner has been directed to show cause W.P.(c)No.24518/08 2 why advance contributions for the subsequent period should not be demanded from her. That being so, the liability of the petitioner has become final and cannot now be subjected to challenge on any ground, especially in view of the long lapse of time of more than five years. In the above circumstances, the petitioner limits his prayer for a direction to respondents 2 to 4 to permit the petitioner to pay off the amounts demanded, as per Ext.P12, in instalments. 2. I have heard the learned Standing Counsel appearing for the 2nd respondent also. 3. Having heard both sides, I feel that some leniency can be shown to the petitioner, who is stated to be an old lady, in the matter of permitting her to pay the amounts covered by Ext.P12, in instalments. Accordingly, I dispose of this writ petition with a direction to respondents 2 to 4 to permit the petitioner to pay the amount covered by Ext.P12 in six equal monthly instalments starting from 1.9.2008. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on the due dates, further proceedings pursuant to Ext.P12 shall be kept in abeyance. W.P.(c)No.24518/08 3 However, if the petitioner commits default in payment of any one instalment, it would be open to respondents 2 to 4 to continue proceedings in accordance with Ext.P12 without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE Acd