IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 22590 of 2002(L)
1. C.P.AJITHA W/O.C.JAYAPRAKASH, MADHAVA
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. DISTRICT EXECUTIVE OFFICER, KERALA,
3. SPECIAL DEPUTY TAHSILDAR,
For Petitioner :SRI.SAIBY JOSE KIDANGOOR
For Respondent :SRI.PAULSON C.VARGHESE,SC,KMTWF BOARD
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :07/12/2006
O R D E R
KURIAN JOSEPH, J.
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O.P.No.22590 OF 2002
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Dated this the 7th day of December, 2006
J U D G M E N T
Petitioner is aggrieved by the proceedings initiated against
her under the provisions of Kerala Motor Transport Workers
Welfare Fund. It is seen that the petitioner pursued the matter in
an appeal before the Government and the same was rejected on
the only ground of delay. Going by the statement filed on behalf
of the 2nd respondent, it cannot be said that there is delay since
the final determination order has been passed only on 22.8.2001
after due credit to the payment made by the petitioner. In such
circumstances, this court would have normally set aside the
appellate order and sent back this matter to the Government. But
going by the contentions taken by the petitioner regarding the
enquiry conducted by the assessing authority, I am of the view
that the petitioner has to be given a chance before the assessing
authority. Accordingly, impugned orders are set aside. The
matter is remitted to the 2nd respondent with a direction to
conduct a fresh enquiry with notice to the petitioner and other
affected parties and pass a fresh final determination order within
O.P.No.22590/2002 :2:
a period of three months from the date of production of a copy of
this judgment. The amount already paid by the petitioner shall be
duly adjusted.
The writ petition is disposed of as above.
(KURIAN JOSEPH, JUDGE)
ps
O.P.No.22590/2002 :3:
KURIAN JOSEPH, J.
O.P.No. 22590/2002
JUDGMENT
7th December, 2006