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.
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W.P.(C)NO.1345 OF 2008
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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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