Abdul Jabbar vs The Executive Officer on 4 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 439 of 2008(B)


1. ABDUL JABBAR, S/O.MOIDEEN,
                      ...  Petitioner

                        Vs



1. THE EXECUTIVE OFFICER,
                       ...       Respondent

2. THE DEPUTY TAHSILDAR,

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :04/01/2008

 O R D E R
                      ANTONY DOMINIC, J.
                     ===============
                  W.P.(C) NO. 439 OF 2008 B
               =====================

            Dated this the 4th day of January, 2008

                         J U D G M E N T

Ext.P1 is the final determination order passed by the 1st

respondent for the period 2002-04 determining the amount that

is due from the petitioner towards the Motor Transport Workers

Welfare Fund Board. Petitioner submits that since the order was

passed without hearing him, he had submitted Ext.P2 application

for setting aside Ext.P1. According to him, while Ext.P2 is pending

consideration of the 1st respondent, revenue recovery

proceedings are initiated by Ext.P4 for realising the amount that

is due in terms of Ext.P1.

2. As rightly pointed out by the standing counsel for the

1st respondent, since Ext.P1 final determination order pertains to

the period 2002-04, the power conferred by the Amendment Act

of 2005 to set aside ex parte orders cannot be made applicable to

WPC 439/08
:2 :

set aside Ext.P1. If that be so, the course available to the

petitioner is to have pursued the appellate remedy before the

Government. This the petitioner has not done.

3. Therefore, I dispose of this writ petition with the

following directions.

1) That within one month from today, it will be open to

the petitioner to file an appeal against Ext.P1 final determination

order before the appropriate authority.

2) In the meantime, further proceedings pursuant to

Ext.P5 will stand deferred for eight weeks on condition that the

petitioner remits Rs.20,000/- within three weeks from today

before the 1st respondent. During the aforesaid period of eight

weeks, it will be open to the petitioner to seek appropriate

interim orders from the appellate authority. Needless to say that

the payments made as above will be given credit while the

liability is finally quantified.

ANTONY DOMINIC, JUDGE.

Rp