IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 20TH NOVEMBER 2007 / 29TH KARTHIKA 1929 WP(C).No. 12713 of 2004(L) ------------------------------------- PETITIONER: ------------------ G.K.LAKSHMI AMMA, W/O. APPA NAIR, AGED 80, `LAKSHMI NIVAS', P.O. MAMBRAM, POYNAD VILLAGE, THALASSERY TALUK. BY ADV. SRI.P.K.BALAKRISHNAN NAIR RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. KERALA STATE MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, REPRESENTED BY THE SECRETARY, TRIVANDRUM. 3. TAHSILDAR (R.R), THALASSERY. BY GOVERNMENT PLEADER SMITHA ADV.SRI.K.HARILAL ADV.SRI.PAULSON C.VARGHESE --- SC FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 12713/2008 PETITIONER'S EXHIBITS EXT.P1. COPY OF THE LETTER NO. 1/07/03-04, 73/7/03-04 DT. NIL SENT BY THE R3 TO VINESH. RESPONDENT'S EXHIBITS NIL. True copy tga C.N.RAMACHANDRAN NAIR, J. ----------------------------------- WP(C) No. 12713 of 2004 --------------------------------- Dated, this the 20th day of November, 2007 J U D G M E N T Petitioner is challenging Ext.P1 notice issued against one Mr. Vinesh, who is stated to be petitioner's grand son. Liability is towards Motor Transport Workers Welfare Fund dues. If petitioner is not a defaulter and the defaulter has no right in petitioner's property, there is no justification for the respondents to proceed with recovery against the petitioner. 3rd respondent is directed to identify the property of the defaulter and proceed for recovery, if the amount is not paid. This writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg