IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 OP.No. 9326 of 2000(I) --------------------------- PETITIONER(S): ------------------ T.S. ASUMA BEEVI, MANKULAM HOUSE, MUTTADA, THIRUVANANTHAPURAM. BY MR.P.RAVINDRAN, SENIOR ADVOCATE RESPONDENT(S): -------------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, TRIVANDRUM. 2. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR & REHABILITATION ® DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. THE TAHSILDAR (RR), TRIVANDRUM. ADV. MR.V.V.SURENDRAN FOR R1 MR.PAULSON C.VARGHESE,SC,KMTWF BOARD FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 9326 of 2000 ORDER ON C.M.P.NO.15526/2000 IN O.P.NO.9326 OF 2000 CLOSED. 9.2.2009 SD/- S. SIRI JAGAN, JUDGE. APPENDIX EXT.P1: COPY OF THE FINAL DETERMINATION ORDER DT. 27.8.1997 FOR THE YEAR1995-96. EXT.P1(a): COPY OF THE FINAL DETERMINATION ORDER DT.31.7.97 FOR THE YEAR 1996-97. EXT.P1(b): COPY OF THE FINAL DETERMINATION ORDER DT.31.8.1998 FOR THE YEAR 1997-98. EXT.P2: COPY OF APPEAL, STAY & DELAY PETITION SUBMITTED AGAINST EXT.P1. EXT.P2(a): COPIES OF APPEAL, STAY AND DELAY PETITION SUBMITTED AGAINST EXT.P1(a). EXT.P2(b); COPIES OF APPEAL, STAY AND DELAY PETITION SUBMITTED AGAINST EXT.P1(b). EXT.P3: COPY OF NOTICE DTD 8.3.2000. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No.9326 OF 2000 ---------------------------------------- Dated this the 9th day of February, 2009 JUDGMENT The petitioner is an employer of a motor transport undertaking. By Exts.P1, P1(a) and P1(b) final determination orders, the petitioner was assessed to contributions under the Kerala Motor Transport Workers Welfare Fund Act. Against the same, the petitioner is stated to have filed Ext.P2 series of appeals. The petitioner's contention is that without disposal of Ext.P2 series appeals, revenue recovery proceedings have been initiated against the petitioner for recovery of the disputed amounts, which proceedings are under challenge before me. The original petition was filed in the year 2000. Neither the counsel for the petitioner nor the Government Pleader or the learned counsel appearing for the 1st respondent is able to tell me as to the fate of Ext.P2 series of appeals. If orders have been O.P.No.9326/2000 2 passed on the same, the petitioner's remedy lies in either challenging the same or complying with the same. Therefore, leaving the petitioner to pursue Ext.P2 series of appeals in accordance with law this original petition is closed. S. SIRI JAGAN, JUDGE Acd O.P.No.9326/2000 3