FAIZAL BABU Vs. DISTRICT EXECUTIVE OFFICER

JUDGEMENT

(1.) THE petitioner filed this writ petition, challenging a Revenue Recovery proceedings initiated against him for the dues under the Motor Transport Workers Welfare Fund Scheme for the years 2002-2003 and 2003-2004. The allegation of the petitioner is that he is unaware of the assessment orders passed against him and therefore, the Revenue Recovery proceedings initiated against him are illegal.

(2.) AFTER hearing the matter, this Court dictated order dated 07.12.2012 taking the view that since final determination orders have already been passed, the remedy of the petitioner is to pursue the statutory remedies. However, it was noticed from the statement filed on behalf of the respondents that the petitioner had suppressed various material facts. Therefore, the case was posted for spoken to and order dated 11.12.2012 was passed directing the petitioner to show cause why the proceedings shall not be initiated against him for the suppression of facts. Accordingly, an affidavit has been filed by the petitioner explaining that it was on account of an inadvertent omission on his part that full facts were not disclosed to the counsel.

(3.) AS already stated, the petitioner challenges the recovery proceedings initiated against him contending that he is unaware of the final determination orders that were passed against him. From the statement filed on behalf of the first respondent, it is seen that the petitioner is the registered owner of the vehicle KL 10 N 5693. On the basis of an inspection conducted on 19.05.2003, a provisional determination order dated 11.06.2003, fixing Rs.33,190.00 as contribution for the period 2002-2003 was passed and was issued to the petitioner for his objections. Since he did not claim the postal article, the order was returned and final determination order dated 01.01.2004 was passed against the petitioner.