PERIYA SWAMY Vs. DISTRICT EXECUTIVE OFFICER

JUDGEMENT

(1.) THE petitioner is challenging the revenue recovery proceedings initiated at the instance of the first respondent in respect of the liability under the relevant provisions of the Kerala Motor Transport Workers Welfare Fund Act involving the Stage Carriages bearing Reg.Nos.KL-8/B 252 and KL-8/W 2508.

(2.) THE case of the petitioner as projected in the writ petition is as follows: THE petitioner was the owner of the above two stage carriages and was operating the said vehicles in the concerned routes on the basis of valid permits. It is stated that the stage carriage bearing Reg.No.KL-8/B 252, owned by the petitioner, was sold to the fourth respondent as per Exhibit P1 agreement dated 27.2.2002 and ever since the execution of the said agreement, possession and ownership of the vehicle was with the fourth respondent and that petitioner was having no control over the said vehicle. By virtue of the same, it is stated that the petitioner is no more liable to satisfy the liability in respect of any of the employees, as petitioner has not employed any such persons.

(3.) IT is seen that an interim order was passed by this Court on 12.04.2006 directing the authority concerned to release the vehicle on condition that the petitioner remitted an amount of `.30,000/- before the second respondent, which was made subject to the result of the writ petition. In view of the finding made by this Court fixing the liability upon the petitioner, the balance amount covered by Exhibits P2, P3 and P4 are liable to be satisfied by the petitioner forthwith. However, taking note of the submissions made by the learned counsel for the petitioner, the petitioner is given permission to clear the same by way of 'two' equal monthly instalments, the first of which shall be effected on or before the 30th of this month and the next one on or before the 30th of the next month. Subject to this, the revenue recovery proceedings against the petitioner shall be kept in abeyance for the time being. IT is made clear that, if the petitioner commits any default in satisfying the liability as mentioned above, it will be open to respondents 1 to 3 to proceed against the petitioner in accordance with law for realising the entire balance amount. IT is also made clear that the petitioner will be at liberty to proceed against the party to whom the vehicle bearing Reg.No.KL-8/B 252 is stated as sold by the petitioner, if such cause of action is justified and supported by relevant materials and of course, in accordance with law. The writ petition is disposed of.