IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 10861 of 2010(G) --------------------------------- PETITIONER(S): --------------- K.R.JOJISH, S/O.K.C.RAJAN, AGED 32 YEARS, KUNNATHARA HOUSE, PANTHEERANKAVE, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETAY TO THE GOVERNMENT, DEPARTMENT OF LABOUR AND REHABILITATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOZHIKODE. 3. THE SPECIAL DEPUTY TAHSILDAR (ARREARS COLLECTION), KOZHIKODE. ADDL.R4: SHAMSUDHEEN ADIPARAMBATH, VALAPPIL HOUSE, ARIYALLUR, PARAPPANANGADI, MALAPPURAM DISTRICT (IMPLEADED AS PER ORDER DATED 14.7.10 IN IA NO.8943/10) ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD FOR R2 SRI.K.V.GOPINATHAN NAIR FOR R4 SRI.NAVEEN. T, SC, KMTWWFB FOR R-2 BY GOVERNMENT PLEADER SMT. P.A. RAZIYA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10861 of 2010(G) APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF REGISTRATION PARTICULARS OF THE VEHICLE, SHOWING THE TRANSFER OF VEHICLE. EXT.P2: COPY OF FINAL DETERMINATION ORDER DATED NIL ISSUED BY R2. EXT.P3: COPY OF DEMAND NOTICE DATED 3-2-2009 ISSUED BY R2. EXT.P4: COPY OF REVENUE RECOVERY NOTICE ISSUED BY R3 DATED 17.2.2010. EXT.P5; COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER DATED 16-3-2010 BEFORE R2. RESPONDENTS' EXHIBITS: NIL TRUE COPY PA TO JUDGE. acd S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.10861 OF 2010 ---------------------------------------------- Dated this the 24th day of October, 2011 JUDGMENT The petitioner challenges revenue recovery proceedings for recovery of arrears of contributions under the Kerala Motor Transport Workers Welfare Fund Act, in respect of stage carriage bearing Registration Number KL-11L/3184. The petitioner's contention is that the petitioner has already transferred the vehicle and since the arrears relate to periods after the transfer, the petitioner is not liable to pay contributions under the Motor Transport Workers' Welfare Fund Act in respect of the said vehicle. Since there is a charge on the vehicle for arrears of contributions under the said Act, by order dated 29.8.2011, I directed respondents 2 and 3 to first proceed against the vehicle for recovery of contributions under the Act and report the result thereof. 2. The learned Government Pleader today submits that the vehicle has been proceeded against and the entire arrears of W.P.(C)No.10861/10 2 contributions due have been recovered by sale of the vehicle. In the above circumstances, recording the above submission, the writ petition is closed holding that since the arrears have been realised the petitioner shall not be proceeded against in respect of the same. S. SIRI JAGAN, JUDGE acd W.P.(C)No.10861/10 3