Kerala High Court
Sarasamma K. Aged 71 Years vs State Of Kerala on 25 March, 2014
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 25TH DAY OF MARCH 2014/4TH CHAITHRA, 1936
WP(C).No. 8510 of 2014 (K)
---------------------------
PETITIONER(S):
--------------------------
SARASAMMA K. AGED 71 YEARS
W/O. LATE A.PRABHAKARAN, ANANDA BHAVAN, KARICHIYIL
ATTINGAL, THIRUVANANTHAPURAM.
BY ADVS.SRI.BIJU BALAKRISHNAN
SMT.V.S.RAKHEE
SMT.PRINCY XAVIER
RESPONDENT(S):
----------------------------
1. STATE OF KERALA
REPRESENTED BY THE SECRETARY
LABOUR AND REHABILITATION DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE ASSISTANT LABOUR OFFICER
OFFICE OF THE ASSISTANT LABOUR OFFICER, ATTINGAL
THIRUVANANTHAPURAM-695 101.
BY GOVERNMENT PLEADER SRI. JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25-03-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 8510 of 2014 (K)
---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
P1 : PHOTOSTAT COPY OF THE DEATH CERTIFICATE OF PETITIONER'S
HUSBAND PRABHAKARAN.
P2 : PHOTOSTAT COPY OF THE NOTICE DTD.14.2.2014 ISSUED BY THE 2ND
RESPONDENT.
P3 : PHOTOSTAT COPY OF THE OBJECTION DTD.26.2.2014 GIVEN BY THE
PETITIONER.
//True Copy//
P.A. To Judge
K.VINOD CHANDRAN, J
- - - - - - - - - - - - - - - - - - - -
W.P.(C).No. 8510 of 2014
- - - - - - - - - - - - - - - -
Dated 25th March, 2014
- - - - - - - - - - - - - - - - - - - - - - - -
JUDGMENT
Petitioner is the wife of one deceased A.Prabhakaran who had been carrying on a Motor Transport Establishment at Attingal by name 'Prasad Motors'. The petitioner's husband died on 4.1.1990 as is evidenced by Ext.P1 death certificate. It is submitted that even before his death, vehicles were sold and the Establishment was wound up. Neither the petitioner nor any of the other legal heirs was carrying on any Establishment, after the same had been wound up by the petitioner's husband. Now the petitioner is threatened with Ext.P2 notice seeking renewal of registration of the Establishment from the year 1992 as also an amount of Rs.6,05,625/- being the fine amount as provided under Section 31 of the Motor Transport Workers Act, 1961. The petitioner hence, has approached the 2nd WP(C).8510/14 2 respondent with Ext.P3 representation pointing out the said facts. The petitioner prays that Ext.P2 may not be proceeded with, till Ext.P3 is considered. In such circumstances, also taking into consideration the fact that the petitioner has been proceeded against after 25 years, there shall be a direction to the 2nd respondent to consider Ext.P3 representation filed by the petitioner. Recovery steps as per Ext.P2, shall be kept in abeyance till Ext.P3 is considered. Petitioner or her representative is directed to appear before the 2nd respondent on 21.4.2014 on which date, the 2nd respondent shall either hear the petitioner or post it to another date within a month and the proceedings shall be concluded with a reasoned order, within a period of two months from 21.4.2014.
Writ petition disposed of.
Sd/-
K.VINOD CHANDRAN, Judge Mrcs