IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 33492 of 2005(K) -------------------------- PETITIONER: ------------ K.M.SIVADASAN, S/O.MANKUNNY, RESIDING AT KUNDOLY HOUSE, KUTTANELLOOR, THRISSUR. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS: ------------- 1. THE DEPUTY TAHSILDAR(REVENUE RECOVERY), THRISSUR. 2. THE OFFICCIAL LIQUIDATOR, THE HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED BY M/S. NEW JEYES KURIS (KERALA)(P) LTD. THRISSUR. BY G.P. SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE PASSBOOK IN ACCOUNT NO. 39 ISSUED BY THE COMPANY. EXT.P2 TRUE PHOTOCOPY OF THE REVENUE RECOVERY NOTICE DATED 10.10.2005 ISSUED BY THE FIRST RESPONDENT. EXT.P3 TRUE PHOTOCOPY OF THE RECEIPT DATED 29.10.2005 ISSUED BY THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 33492 OF 2005 -------------------------------------------- Dated this the 4th day of January, 2008 JUDGMENT The amount sought to be recovered is the amount due under award passed by the company court in liquidation proceedings. The challenge against award of the company court is not maintainable in writ proceedings. Consequently the challenge against recovery proceedings is not maintainable as recovery through RR Act is permissible for recovery of amount decreed by the company court. If the petitioner wants any relief, it is for the petitioner to approach the company court. WP is therefore dismissed leaving freedom to the petitioner to approach the company for modification of the award if he is entitled to. If payments are made voluntarily no collection charges will be recovered from the petitioner. (C.N. RAMACHANDRAN NAIR) Judge 2