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M.S.LAKSHMI NARAYANAN versus STATE OF KERALA

High Court of Kerala

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M.S.LAKSHMI NARAYANAN v. STATE OF KERALA - OP No. 1576 of 2000(K) [2006] RD-KL 4110 (21 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 1576 of 2000(K)

1. M.S.LAKSHMI NARAYANAN
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.G.HARIHARAN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :21/12/2006

O R D E R

KURIAN JOSEPH, J.

O.P.No.1576 of 2000 (K) Dated 21st December, 2006.

J U D G M E N T

Petitioner approached this Court aggrieved by the revenue recovery steps initiated for recovery of amounts due to the Kerala Motor Transport Workers Welfare Fund in respect of stage carriage KLG 9316. It is seen that the petitioner had approached the civil court leading to Ext.P5 judgment in O.S.907/97. It is seen from Ext.P4 that the petitioner had pursued the statutory remedy of appeal before the Government and the appeal was dismissed. The contention of the petitioner is that even assuming so, the issue is only of the year 1987-88 and the petitioner is entitled to pursue his grievances in respect of 1988- 89 and 1989-90. Only if the final determination orders are issued, he can pursue the remedy. It is specifically stated in the writ petition that "Since the petitioner is not served with copies of Final Determination Order for the year 1988-89 and 1989-90, the second respondent is to be directed to furnish copies of Final Determination Order to the petitioner." There is no counter affidavit. Accordingly, the writ petition is disposed of as follows :- OP NO.1576/2000 2 As far as the final determination of 1987-88 is concerned, the same has to be treated as final. If any balance in respect of the assessment of that year is to be paid, the same shall be paid within two months. As far as 1988-89 and 1989-90 are concerned, there will be a direction to the second respondent to furnish copies of the final determination orders to the petitioner within two months from today and thereafter, it will be open to the petitioner/his representative to work out the statutory remedy of appeal before the Government. In order to enable the petitioner to work out the relief as above, the recovery in respect of the years 1988-89 and 1989-90 shall be deferred for a period of six months. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No.1576 of 2000 (K)

J U D G M E N T

Dated 21st December, 2006.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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