High Court Kerala High Court

K.K.Sasi vs The District Executive Officer on 15 January, 2008

Kerala High Court
K.K.Sasi vs The District Executive Officer on 15 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1345 of 2008(I)


1. K.K.SASI, S/O.KOCHU THEVAN,
                      ...  Petitioner

                        Vs



1. THE DISTRICT EXECUTIVE OFFICER, KERALA
                       ...       Respondent

2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY,

3. THE STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.K.R.KURUP

                For Respondent  :SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :15/01/2008

 O R D E R
                        ANTONY DOMINIC, J.
                   =========================
                       W.P.(C)NO.1345 OF 2008
                   =========================
                 Dated this the 15th day of January 2008

                              JUDGMENT

Challenge in the writ petition is against the revenue

recovery notice issued at the instance of the first respondent for

realisation of the amount that are due under the Motor Transport

Workers Welfare Fund. Petitioner submits that on receipt of

Ext.P1, he had filed Ext.P3 objection and thereafter he received

Ext.P5, requiring him to appear for an enquiry. It is submitted

that he had appeared for the enquiry and filed Ext.P6 affidavit.

According to the petitioner, though the enquiry has been

completed as above, without passing final determination order,

revenue recovery steps have been taken. On the other hand what

is stated by the standing counsel for the respondents is that the

petitioner did not produce documents or participate in the enquiry

and as a result of which final determination order has not been

passed even now. According to the learned counsel Exts.P7 and

P8 are only for realising the advance contribution as mentioned in

Exts.P1 and P2.

2. Despite the factual controversy that is involved, the fact

W.P.(C)1345/2008 2

remains that the final determination order has not been passed

until now. If that be so, it is for the first respondent to complete

the enquiry and pass final determination order.

3. In view of this order, I dispose of the writ petition

directing that the first respondent shall pass final determination

order in the matter with notice to the petitioner. This shall be

done as expeditiously as possible, at any rate within eight weeks

on receipt of a copy of this judgment. In the meanwhile further

proceedings pursuant to Exts.P7 and P8 will stand deferred until

final orders are passed in this case.

ANTONY DOMINIC,
JUDGE
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