IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 10260 of 2001(U) ---------------------------------- PETITIONER: ------------------- P.K. KUNJAHAMMED, S/O. AHAMMED, PALAMKUNNIYIL HOUSE, CHEEKKUNNU.P.O., VADAKARA. BY ADV. SRI.T.G.RAJENDRAN. RESPONDENTS: ------------------------ 1. THE DISTRICT EXECUTIVE OFFICER, THE MOTOR TRANSPORT WORKERS WELFARE FUND, KOZHIKODE. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, VADAKARA. 3. STATE OF KERALA, REP; BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SMT. T.B. RAMANI. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 16460/2001 IN O.P. NO. 10260/2001-U DISMISSED 04/01/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE RECEIPT ISSUED BY THE R.2. DTD. 23/05/1994. EXT.P.2: COPY OF THE NOTICE ISSUED BY THE R.2. NO. D.AD 2000/01 DTD. 05/02/2001. EXT.P.3: COPY OF THE NOTICE ISSUED BY THE R.2. NO. D 41/KMT 2000/01 DTD. 05/02/2001. EXT.P.4: COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE R.1. DTD. 07/02/2001. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. T.R.RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = O.P.No.10260 OF 2001-U. = = = = = = = = = = = = = = = Dated this the 4th day of January, 2008. J U D G M E N T The petitioner has filed this writ petition challenging Exts.P2 and P3 which are demand notices issued for realising the arrears under the Kerala Motor Transport Workers Welfare Fund Act. He was the owner and permit holder of stage carriage bearing registration No.KRD 6678. According to the petitioner, he has sold the vehicle to one Sri.A.K.Siddique on 23-9-1986 and thereafter by changing hands it came to the possession of Puliyottil Moosa Haji, Vanimel, Vadakara. The petitioner submits that during the period he was operating the vehicle there was no arrears as the petitioner had been remitting the entire contribution. Ext.P1 is a receipt dated 23-5-1994 evidencing payment of Rs.33,078/- towards contribution. As regards Exts.P2 and P3 the case of the petitioner is that he is not liable to pay any amount. 2. In the counter-affidavit filed by the 2nd respondent the steps taken for recovery are justified. It is stated that the notices were issued O.P.No.10260 OF 2001-U. 2 as two requisitions for the recovery of an amount of Rs.2283/- and Rs.9108/- which represent the dues for the years 1986-'87 and 1987-'88 were received from the first respondent. 3. The petitioner has strongly relied upon the transfer of the vehicle to deny liability. It is open to the petitioner to establish the said aspect before the first respondent to absolve himself from the liability. The case appears to be that he is not responsible for the dues as he has not received any order passed by the first respondent. Therefore, the first respondent will communicate the order determining the liability on the part of the petitioner within one month from the date of receipt of a copy of this judgment. The petitioner will be free to challenge the same as per the procedure contemplated under the Act. With the above direction this Original Petition is disposed of. The interim order granted by this Court will continue in force till the action as directed above is complied with. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/