M.R.Madhusoodhanan vs The State Of Kerala on 28 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31478 of 2008(V)


1. M.R.MADHUSOODHANAN, S/O.RADHAKRISHNAN,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DISTRICT EXECUTIVE OFFICER,

                For Petitioner  :SRI.SAJU J.VALLYARA

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :28/10/2008

 O R D E R
                        V.GIRI, J
                      -------------------
                  W.P.(C).31478/2008
                     --------------------
       Dated this the 28th day of October, 2008

                     JUDGMENT

An appeal preferred by the petitioner against the

order of assessment under the Kerala Motor Transport

Workers’ Welfare Fund scheme has been rejected on

what will have to be termed as technical grounds.

2. Having heard learned counsel on both sides, I am

of the view that the petitioner’s appeal requires to be

considered on merits rather than be dealt with on

purely technical grounds. Nor can it be said that the

appeal filed by the petitioner was belated.

3. In the circumstances, Ext.P5 is set aside and first

respondent is directed to pass fresh orders on Ext.P1

appeal, after hearing the petitioner as also the

representative of the District Executive Officer, Kerala

Motor Transport Workers’ Welfare Fund Board, within

a period of three months from the date of receipt of a

copy of this judgment. Further enforcement of Ext.P9

W.P.(C).31478/2008
2

shall be kept in abeyance, till orders are passed on

Ext.P1 appeal by the first respondent.

V.GIRI,
Judge

mrcs