IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 WP(C).No. 4306 of 2007(K) -------------------------------------- PETITIONERS: ---------------------- 1. KAMALAKSHI, W/O.LATE VIJAYAN, AGED 55 YEARS, KAITHAVALAPPIL HOUSE, NAYARAMBALAM VILLAGE, KOCHI TALUK. 2. VIJU RAJ, S/O.LATE VIJAYAN, AGED 29 YEARS, KAITHAVALAPPIL HOUSE, NAYARAMBALAM VILLAGE, KOCHI TALUK. 3. VIJAYAMMA, D/O.LATE VIJAYAN, AGED 40 YEARS, KAITHAVALAPPIL HOUSE, NAYARAMBALAM VILLAGE, KOCCHI TALUK. BY ADV. SRI.P.A.ABDUL JABBAR SRI.SHYAM K.L. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL SECRETARY TO GOVERNMENT, REVENUE (S) DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD. 3. SPECIAL TAHASILDAR (R.R.), FORT KOCHI, PIN-682 001. 4. THE VILLAGE OFFICER, NAYARAMBALAM, KOCHI TALUK. 5. THE ASSISTANT EXCISE COMMISSIONER, ERNAKULAM. 6. M.V. JOSE, MADATHIPARAMBIL HOUSE, NAYARAMBALAM, ERNAKULAM. 7. SUBRAMANIAN, S/O.LATE VIJAYAN, AGED ABOUT 38 YEARS, KAITHAVALAPPIL HOUSE, NAYARAMBALAM VILLAGE, KOCHI TALUK. 8. K.V. JAYAN, S/O.LATE VIJAYAN, AGED ABOUT 42 YEARS, KAITHAVALAPPIL HOUSE, NAYARAMABLAM VILLAGE, KOCHI TALUK. R1 TO R5 BY GOVERNMENT PLEADER SMT. M.K.PUSHPALATHA R6 BY ADV. SRI.T.I.DANIEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.4306/2007 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GOVT.LETTER NO.S116/S1/99 DTD. 23/11/1999. EXT.P2: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT BY LATE VIJAYAN DTD. 19/01/2000. EXT.P3: COPY OF THE ORDER PASSED IN CMP.NO.29725/01 IN O.P.NO. 18443/01 BY THE HON'BLE HIGH COURT OF KERALA DTD.21/06/2001. EXT.P4: COPY OF THE COUNTER AFFIDAVIT FILED BY UNDER SECRETARY, REVENUE DEPARTMENT FOR THE 1ST RESPONDENT IN O.P.NO.18443/01 DTD. 26/04/2004. EXT.P5: COPY OF THE LETTER NO.57894/S1/01/RD ISSUED BY THE UNDER SECRETARY TO THE REVENUE DEPARTMENT DTD. 29/12/2001. EXT.P6: COPY OF THE COUNTER AFFIDAVIT FILED BY THE 5TH RESPONDENT HEREIN IN WP(C) NO.15617/05 BEFORE THE HON'BLE HIGH COURT OF KERALA DTD. 20/06/2005. EXT.P7: NOTICE ISSUED BYTHE 3RD RESPONDENT TO THE PETITIONERS UNDER SECTION 49 OF THE REVENUE RECOVERY ACT DTD. NIL. EXT.P8: COPY OF THE JUDGMENT PASSED IN WP(C) NO.1170/2007 BY THE HON'BLE HIGH COURT OF KERALA DTD. 24/01/2007. EXT.P9: COPY OF THE NOTICE UNDER SECTION 7 OF KERALA REVENUE RECOVERY ACT ISSUED BY THE 3RD RESPONDENT TO M.P.AUGUSTINE DTD. 18/07/2005. EXT.P10: COPY OF THE NOTICE UNDER SECTION 34 OF KERALA REVENUE RECOVERY ACT ISSUED BY THE 3RD RESPONDENT TO M.P.AUGUSTINE DTD. NIL. EXT.P11: COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DTD. 08/02/2007. 6TH RESPONDENT'S EXHIBITS: EXT.R6(1): COPY OF THE NOTICE DTD. 30/01/07. EXT.R6(2): COPY OF THE RECEIPT ISSUED BY THE VILLAGE OFFICER, NAYARAMBALAM DTD. 11/01/07. EXT.R6(3): COPY OF THE RECEIPT DTD. 8/02/2007 ISSUED BY SPL.TAHSILDAR(RR). EXT.R6(4): COPY OF THE REPRESENTATION DTD. 9TH MARCH, 2007 SUBMITTED BEFORE THE DIST.COLLECTOR, ERNAKULAM BY THE PETITIONER. EXT.R6(5): COPY OF THE JUDGEMENT DTD. 16/01/07 IN WP(C) NO.1845/07. EXT.R6(6): COPY OF THE PROCEEDINGS DTD. 23/03/07. /TRUE COPY/ P.A.TO JUDGE Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.4306 of 2007 ================================== Dated this the 29th day of January, 2008. JUDGMENT Petitioners are the legal representatives of one K.K.Vijayan, who along with three others were the grantees of licence for a particular period under the abkari law for vending arrack in Njarakkal excise range. During the course of that licence, the predecessor of the petitioners and his partners were arrayed as accused persons in relation to certain criminal cases registered on account of a liquor tragedy. The question of payment of kist and other incidentals came up for consideration. By Ext.P5, the Secretary to Government had addressed the predecessor of the petitioners that the District Collector had been instructed to accept remittance of kist from him by WPC4306/07 -:2:- confining it to one fourth of the total dues towards kist arrears, having regard to the fact that there were four partners who were the licensees. In an earlier round, the Government apparently took the stand that there was no such decision. With the passage of time, Ext.P5 has been placed which is a reliable document. If the other partners along with late Vijayan were the licensees, there is no reason why the Government shall not extend such benefit to the estate of late Vijayan, as of now, represented by the petitioners. In the aforesaid circumstances, this writ petition is disposed of directing that the Secretary to Government in the Revenue (S) Department will hear the petitioners on the basis of Ext.P5 and issue appropriate orders to WPC4306/07 -:3:- give effect to such decision. Let the needful be done within an outer limit of three months from the date of receipt of a copy of this judgment. Until then, further recovery shall stand stayed. Thottathil B.Radhakrishnan, sl. Judge.