Joy P.P. v. The District Executive Officer, Kerala Motor Transport Workers

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 RP.No. 198 of 2015 () ----------------------------- AGAINST THE JUDGMENT IN WP(C).NO.1492/2015 DATED 23-01-2015. ......

REVIEW PETITIONER/PETITIONER:

--------------------------------------------------- JOY P.P., S/O.PAILY, PALATTY HOUSE, KUVAKATTUKUNNU P.O., MELOOR, CHALAKUDY, THRISSUR.

BY ADV. SRI.B.MOHANLAL.

RESPONDENTS/RESPONDENTS:

------------------------------------------------

1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, THRISSUR, THRISSUR PO.

2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ERNAKULAM, KOCHI.

3. THE SUB REGIONAL TRANSPORT OFFICER, CHALAKUDY PO, THRISSUR.

4. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR P.O., THRISSUR.

R1 & R2 BY ADVS. SRI.P.RAMAKRISHNAN, SC, SRI.K.S.MANU, SC.

R3 & R4 BY GOVT. PLEADER SRI.R. RANJITH.

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

RP.No. 198 of 2015 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1 COPY OF THE JUDGMENT IN WP(C).NO.13894/2010 DATED 02/02/2015 OF THIS HONOURABLE COURT.

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

K.VINOD CHANDRAN, J.

========================= Review Petition No.198 of 2015 in W.P(C) No.1492 of 2015 ============================ Dated this the 25th day of February, 2015

ORDER

In view of Annexure A1 judgment, the judgment is reviewed. The petitioner, admittedly, was given ownership and possession of the vehicle under an auction conducted by the Excise authority pursuant to the confiscation of the vehicle and vesting in the Government. Following Annexure A1 judgment, the writ petition would stand allowed. The Motor Transport Workers Welfare Fund Board (for short, 'Board') is interdicted from taking any proceeding against the petitioner. However, the Board can take appropriate proceedings against the then owner of the vehicle. The Board shall immediately issue clearance certificate of the vehicle, if the petitioner pays the current dues after the purchase of the vehicle in auction.

Writ petition disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE vdv