IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 W.P(C).No. 7315 of 2008(U) --------------------------------- PETITIONER: -------------- REJIMON, KANNITTAYIL, SOUTH ARIYAD, ALAPUZHA. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENTS: ----------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS' WELFARE FUND BOARD H.O. HARIPAD, ALAPPUZHA. 2. THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, AMBALAPPUZHA, ALAPPUZHA. BY GOVT. PLEADER, SRI. I.V. PRAMOD ADV. SRI. K. HARILAL, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 7315 OF 2008 U = = = = = = = = = = = = = = = = Dated this the 13th March, 2008 J U D G M E N T The challenge in this writ petition is against Ext. P1 revenue recovery notice. The matter arises under the Kerala Motor Transport Workers' Welfare Fund Act. The main contention raised by the petitioner is that the recovery is on the basis of a Final Determination Order which was never served on the petitioner. In view of the above assertion made by the counsel, by order dated 3.3.2008, the respondent was directed to take instructions in the matter. It is now submitted by the Standing Counsel for the respondent Board that prior to the preliminary determination order notices were issued to the petitioner on 22.1.2002 and 6.11.2002, but, however, the petitioner remained absent on both occasions. The preliminary determination order was accordingly served on 30.8.2003. Still later enquiry notice was issued and the petitioner did not respond. Registered notice was issued on 24.8.2004, but the same returned with the endorsement “addressee left India”. In W.P.(C) No. 7315 OF 2008 - 2 - these circumstances, Final Determination Order was passed and that was also despatched to the petitioner, but, however, the same returned with the endorsement “addressee left India”. It is on account of this that the matter was advised for revenue recovery and Ext. P1 notice dated 6.6.2005 was therefore issued. 2. From the above, though it is evident as contended by the counsel for the petitioner that the Final Determination Order is not served on the petitioner, I cannot find fault with the 1st respondent for the same. It was on account of the fact that the petitioner was absent from the country that the order could not be served and his absence is a fact which is not in dispute. Petitioner having known that proceedings were pending, should have appointed at least an agent who could have taken care of his interest in his absence. Even that was not done by him. In such circumstance the only option that was available to the 1st respondent was to proceed with the matter, pass the order and seek recovery of the amount due. Therefore, I am not in a position to interfere either with Ext. P1 or the Final Determination Order which was passed. The respondents will be free to continue the revenue recovery proceedings, but W.P.(C) No. 7315 OF 2008 - 3 - having regard to the fact that the petitioner has not been served a copy of the Final Determination Order I direct that if the petitioner approaches the 1st respondent, the 1st respondent will provide him a copy of the order that is already passed. 3. At this stage, counsel for the petitioner seeks an instalment facility to pay the amount. Having regard to the submissions so made, I direct that the petitioner will be permitted to pay the amount due in terms of Ext. P1, in 4 equal monthly instalments, the first of which will be payable before 31.3.2008 and the subsequent instalments will be payable before the end of every succeeding month. Subject to payment as above, the proceedings pursuant to Ext. P1 will stand deferred. In case default is committed by the petitioner in paying any one of the instalments, the respondents will be free to continue the action that they have already initiated. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-