M.A. Shafi vs State Of Kerala on 15 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 775 of 2006()


1. M.A. SHAFI, S/O. MUHAMMED KUNJU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. KERALA MOTOR TRANSPORT WORKERS WELFARE

3. THE DISTRICT EXECUTIVE OFFICER,

4. THE DISTRICT EXECUTIVE OFFICER,

5. THE DISTRICT EXECUTIVE OFFICER,

6. REGIOINAL TRANSPORT OFFICER,

7. REGIONAL TRANSPORT OFFICER,

8. REGIONAL TRANSPORT OFFICER,

                For Petitioner  :SRI.V.SANTHARAM

                For Respondent  :SRI.ELVIN PETER P.J.

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI

 Dated :15/01/2009

 O R D E R
                  J.B.KOSHY, Ag.CJ & V.GIRI, J.
                  ===========================
                   W.A.Nos.775 & 797 of 2006
               ===============================
            Dated this the 15th day of January, 2009.

                          J U D G M E N T

Koshy, Ag.CJ.

Appellants are the owners of vehicles. The question

involved in this case is whether their vehicle will come under

Table III of Ext.P42 or under Table I. According to the

appellants, their vehicles’ seating capacity is below 20 and it will

come under Table III and not under Table I and they are liable to

pay contribution of Rs.100/- per month instead of Rs.700/- per

month to the Motor Transport Workers Welfare Fund. The

learned Single Judge directed them to approach the assessing

authority and contest their case. At the time of admission, a

Division Bench of this Court passed an interim order permitting

the appellants to contribute to the Motor Transport Workers

Welfare Fund as provided under Table III with a condition that

appellants shall not alienate their vehicle. The above order is

continuing. We are of the view that since statutory appeal is

provided under Section 8, no interference is required in the

W.A.Nos.775 & 797 of 2006

2

impugned judgment. In the above circumstances, appellants

may make a detailed representation before the assessing

authority for passing a proper assessment and after the

assessment, appellants will get an opportunity to file an appeal

also. If the appellants make a representation within one month

from today, interim orders passed and status quo will continue.

These appeals are disposed of as above.

J.B.KOSHY,
ACTING CHIEF JUSTICE.

V.GIRI, JUDGE.

bkn/-