IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5935 of 2005(F)
1. A.S.SASIDHARAN,
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
2. DISTRICT EXECUTIVE OFFICER,
3. DEPUTY TAHSILDAR (R.R),
For Petitioner :SRI.BABU CHERUKARA
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
Dated :27/05/2008
O R D E R
P.R.RAMAN, J.
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W.P.(C).No.5935 OF 2005
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Dated this the 27th day of May, 2008
JUDGMENT
The challenge in this writ petition is against the order fixing the
liability of the petitioner under the Kerala Motor Transport Workers
Welfare Fund Act for the years 1996-97 and 1997-98 in respect of the
vehicles KEH-4399 and KL-7M/6327. According to the petitioner, he has
preferred an appeal belatedly and in the meantime revenue recovery
proceedings for recovery of the amount due has taken by the original
authorities. There is no dispute that the appeal was filed belatedly. As per
the statute, the Appellate Authority can condone the delay of only 60 days
and he has no power to condone the delay beyond 60 days. This is the issue
already covered by the decision of this Court in Kerala Motor Transport
Workers’ Welfare Fund Board v. Government of Kerala (2001 (1) KLT
608). Therefore, the appeal itself filed beyond 60 days is not maintainable.
When the petitioner has not approached the Appellate Authority within the
statutory period, he has to blame himself for the same and he has no cause
for challenging the original order by circumventing the provisions of the
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W.P.(C).No.5935/2005
appellate remedy by filing the writ petition.
In the circumstances, there is no merit in the writ petition and
accordingly the same is dismissed.
Sd/-
P.R.RAMAN,
Judge.
kcv.