IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 9523 of 2009(I) ----------------------------------- PETITIONER(S): --------------------- ABDUL KHANI, SON OF MOHAMMED MUSTAFFA, APSARA MANZIL, INCHIVILA, PARASALA POST, PARASALA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.L.NARASIMHAN SRI.N.KRISHNA PRASAD SRI.A.MOHAMMED FAIZAL RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM. 3. REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 4. THE TAHSILDAR (RR), NEYYATTINKARA. 5. ADDITIONAL SALES TAX OFFICER -1, NEYYATTINKARA. 6. ASSISTANT EXCISE COMMISSIONER, THIRUVANANTHAPURAM DIST. 7. WELFARE FUND INSPECTOR, TODDY WELFARE FUND, WELFARE FUND INSPECTORATE, THIRUVANANTHAPURAM. 8. DEPUTY TAHSILDAR (RR), NEYYATTINKARA. WPC NO.9523/2009 -2- 9. K.SADASIVAN, K.S. NIVAS, THACHOTTUKONAM, KUNNATHUKAL, KARAKONAM POST. 10. CHANDRIKA SADASIVAN, K.S. NIVAS, THACHOTTUKONAM, KUNNATHUKAL, THIRUVANANTHAPURAM TALUK. 11. VILLAGE OFFICER, PARASALA VILLAGE, NEYYATTINKARA TALUK, PARASALA. R1 TO R6 , R8, R11 BY BEJOY CHANDRAN. R7 BY STANDINGCOUNSEL SRI.RENIL ANTO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No. 9523 of 2009-I ---------------------------------------------- Dated, this the 27th day of March, 2009 J U D G M E N T Petitioner challenges Ext.23. Ext.P23 is an order passed on a petition claiming the benefit of Amnesty Scheme based on Ext.P21. Petitioner had incurred arrears under the Abkari Workers Welfare Fund, Toddy Workers Welfare Fund and also under Sales Tax Act. By Ext.P23, the application of the petitioner claiming benefit of Amnesty scheme was rejected on the ground that the benefit of Ext.P21 is confined to Abkari dues that is to say under the Abkari Act. Admittedly the dues are Abkari Workers Welfare Fund and Toddy Workers Welfare Fund dues. They may not attract the ameliorative provisions contained in Ext.P21. Therefore, Ext.P23 appears to be valid. The further prayer is to consider and take a decision on Ext.P19 . Ext.P19 is purportedly filed against Ext.P15. Ext.P15 is an order passed by the Revenue Divisional Officer, Thiruvananthapuram confirming sale of the property of the petitioner in favour of the Government under Section 50 of the Kerala Revenue Recovery Act. Petitioner WPC No. 9523/2009 -2- had filed appeal before the 2nd respondent District Collector. I feel that it is for the petitioner to approach the Land Revenue Commissioner. The writ petition is disposed of without prejudice to the right of the petitioner to approach the Land Revenue Commissioner under Section 83 (1) of the Revenue Recovery Act. (K.M.JOSEPH) JUDGE. MS