IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 13804 of 2006(R) -------------------------- PETITIONER(S): --------------- RAMEES.M.N., MELENAMPLARATH, KANNANKARA AMSOM DESOM, CHELANNOOR, KOZHIKODE. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. DISTRICT EXECUTIVE OFFICER, THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOZHIKODE. 2. THE SPECIAL TAHSILDAR, REVENUE RECOVERY, KOZHIKODE. 3. THE VILLAGE OFFICER, CHELANNOOR. 4. T.P.SUDHAKARAN, THIRUTHUMMAL HOUSE, KANNANKARA POST, CHALANNOOR, KOZHIKODE. R1 BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD R2 AND R3 BY G.P. SRI. L.G. SURESH R4 ;BY ADV. SRI.G.HARIHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AGREEMENT DATED 17.5.2003 BETWEEN 4TH RESPONDENT AND ONE SRI. ABDEUL RAHIM. EXT.P2 TRUE COPY OF THE AGREEMENT DATED 10.2.2006 BETWEEN SRI. ABDUL RAHIM AND THE PETITIONER. EXT.P3 TRUE COPY OF THE DEMAND NOTICES DATED 4.3.2006 IN RESPECT OF 4TH RESPONDENT'S VEHICLE NO. KLZ/4602 FOR THE YEAR 1988 TO 1998 EXT.P4 TRUE COPY OF THE DEMAND NOTICE DATED 4.3.2006 IN RESPECT OF 4TH RESPONDENT'S VEHICLE NO. KLZ/9726 FOR THE YEAR 1996 TO 2001 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 13804 OF 2006 -------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT Petitioner's grievance is that since liability is that of fourth respondent, and since there is no charge on the vehicle for the liability, which is motor transport workers welfare fund dues, recovery has to be made against fourth respondent against whom final determination order is issued. In terms of petitioner's prayer, interim order was passed by this Court on 20.6.2006 directing recovery from the fourth respondent, if he does not make payment. It is not known whether arrears are recovered and if not there will be direction to respondents 2 and 3 to proceed for recovery against fourth respondent. W.P.C. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2