High Court Kerala High Court

M.P.Abdul Nazer vs Deputy Tahasildar (Rr) on 19 September, 2008

Kerala High Court
M.P.Abdul Nazer vs Deputy Tahasildar (Rr) on 19 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14186 of 2006(L)


1. M.P.ABDUL NAZER, AGED 37 YRS,
                      ...  Petitioner

                        Vs



1. DEPUTY TAHASILDAR (RR),
                       ...       Respondent

2. THE DISTRICT EXECUTIVE OFFICER,

3. STATE OF KERALA,

                For Petitioner  :SRI.PROMY KAPRAKKATT

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

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :19/09/2008

 O R D E R
                       KURIAN JOSEPH, J.
              -----------------------------------------
                  W.P(C) No. 14186 of 2006
              -----------------------------------------
        Dated this the 19th day of September, 2008

                            JUDGMENT

Petitioner is aggrieved since contribution to the Motor

Transport Workers Welfare Fund is levied even in respect of the

period the vehicle KL 10B 7475 was not in operation and covered

by G form. According to the petitioner the endorsement in Ext.P1

RC book would clearly show the period covered by G form.

Apparently the matter has not been considered in the light of the

endorsements in the RC book which is conclusive regarding the

operation of the vehicle. Therefore, I quash the impugned orders

with a direction to the second respondent to consider the matter

afresh, exclude the period covered by G form from the

assessment and pass fresh orders. The petitioner will present

himself along with a copy of the judgment before the second

respondent on 28-10-2008 and the second respondent will pass

fresh orders as above within another one month.

The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

ahg.

KURIAN JOSEPH, J.

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W.P(C).No. 14186 of 2006

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JUDGMENT

19th September, 2008