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2002 Supreme(Ker) 128

K.A.ABDUL GAFOOR
William Reynold – Appellant
Versus
Kerala Motor Transport Workers Welfare Fund Board – Respondent


Judgment :-

1. Challenge is against Ext. P1. It is a notice issued under S.65 of the Kerala Revenue Recovery Act, to show cause why the petitioner shall not be detained in civil prison to realise the debt in question.

2. According to the petitioner the debt in question is as is revealed by Ext. P1, amount payable to Kerala Motor Transport Workers Welfare Fund. The amount was payable by the father of the petitioner. The petitioner was never a permit holder at the relevant time. The petitioner's father had disputed the amount as is revealed by the averments made in Para.1 of the O.P. He approached this Court with OP 14675 of 1992. This Court directed the petitioner's father to file an application for stay before the Secretary. The Government stayed all further proceedings as per order dated 3.12.92 as is averred in Para.1 of the O.P. Therefore the petitioner shall not be proceeded with for recovery of the amount in question due from his father. There is no reason to arrest him. He has no means to pay off the debt. Therefore show cause notice itself is illegal, petitioner submits.

3. None of the respondents has filed any counter affidavit contradicting these averments. The liability was





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