High Court Kerala High Court

Mukundan B.Menon vs The District Executive Officer on 15 November, 2007

Kerala High Court
Mukundan B.Menon vs The District Executive Officer on 15 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 29519 of 2007(L)


1. MUKUNDAN B.MENON,
                      ...  Petitioner

                        Vs



1. THE DISTRICT EXECUTIVE OFFICER,
                       ...       Respondent

2. GOVERNMENT OF KERALA, REPRESENTED BY

3. THE DISTRICT COLLECTOR,

4. THE DEPUTY TAHSILDAR (REVENUE RECOVERY),

                For Petitioner  :SRI.G.PRABHAKARAN

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

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :15/11/2007

 O R D E R
                   ANTONY DOMINIC, J.

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              W.P.(C) No. 29519 OF 2007 L
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           Dated this the 15th November, 2007

                    J U D G M E N T

Revenue recovery proceedings initiated against the

petitioner for realisation of the dues for the period

2003-04 under the Kerala Motor Transport Workers

Welfare Fund Act is under challenge. Pleadings would

disclose that the petitioner was totally ignorant about

the proceedings or the provisional and final

determination orders that were passed.

2. On instruction, the learned Standing Counsel

for the respondents submits that for the period 2003-

04, provisional determination order dated 22.9.2004 was

passed and was served on the petitioner on 1.10.2005.

It is also stated that after due enquiry final

determination order was passed on 27.10.2005 and that

the said order was also served on the petitioner on

9.11.2005. It is also pointed out that despite this,

the petitioner did not challenge the order by filing an

appeal as provided under the Act.

WPC No. 29519/07
-2-

3. This being the factual situation there is no

doubt that the petitioner has not approached this Court

disclosing the true facts. Even otherwise there is no

merit in the writ petition.

Writ petition fails and is dismissed.

ANTONY DOMINIC
JUDGE
jan/-