IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 OP.No. 12806 of 2002(Y) ----------------------- PETITIONER: ------------ LORD KRISHNA BANK LTD., KALOOR, COCHIN-17, REPRESENTED BY CHIEF MANAGER P.P. MOHANDAS, AGED 40, S/O. M. PADMANABHAN NAIR, PUTHUVAKKATTU HOUSE, IRANIKULAM, TRICHUR DISTRICT. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) RESPONDENTS: ------------- 1. THE TAHASILDAR, KODUNGALLUR TALUK. TRICHUR DISTRICT. 2. C.K. VIJAYAN, S/O. CHERROLIL CHOURIYEDATHU KUMARAN, PULLUT VILLAGE, KODUNGALLUR TALUK. ADDL. 3. THE WELFARE FUND INSPECTOR, THE TODDY WORKERS WELFARE FUND BOARD, THRISSUR. ADDL. R3 IS IMPLEADED AS PER ORDER DATED 31.10.02 ON CMP 46025 OF 2002 R1 BY G.P. SMT. SMITHA R2 BY ADV. SRI.M.C.JOHN ADDL.R3 BY ADVS. SRI.K.HARILAL, SC, KTWWF BOARD SRI.RENIL ANTO, SC, KTWWF BOARD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 21736/02 & CMP 46025/02 IN CMP 21736/02 IN OP 12806 OF 2002 DISMISSED 29.2.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF PLAINT IN OS NO. 68 OF 2000 OF SUB COURT, IRINJALAKUDA. EXT.P2 TRUE COPY OF AWARD DATED 22.9.2000 PASSED BY THE LOK ADALATH IRINJALAKUDA IN OS 68 OF 2000 EXT.P3 TRUE COPY OF EP NO. 146 OF 2001 IN OS NO. 68 OF 2000 OF SUB COURT, IRINJALAKUDA. EXT.P4 TRUE COPY OF SNOTICE OF SALE ISSUED BY R1 DATED 9.8.2000 EXT.P5 TRUE COPY OF LETTER DATED 25.10.2000 ISSUED BY R1 TO ADVOCATE MR. K.R. ACHUTHAN THIRD RESPONDENT'S EXHIBITS: EXT.R1(a) PHOTOCOPY OF THE DEMAND NOTICE DATED 21.10.95 EXT.R1(b) PHOTOCOPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 7.11.1996 EXT.R1(c) PHOTOCOPY OF THE DEMAND SNOTICE ISSUED BY THE 2ND RESPONDENT DATED 11.11.1996 EXT.R1(d) PHOTOCOPY OF THE LETTER DATED 14.5.1996 EXT.R1(e) & (f) PHOTOCOPY OF THE LETTER DATED 27.1.1997 AND DEMAND NOTICE DATED 27.1.1997 EXT.R1(g) PHOOCOPY OF THE ORDER IN CMP 15910 OF 2000 IN OP 9510 OF 2000 EXT.R1(h) PHOTOCOPY OF DETAILS OF REQUISITION. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 12806 OF 2002 -------------------------------------------- Dated this the 29th day of February, 2008 JUDGMENT O.P. is filed challenging revenue recovery proceedings for recovery of arrears of toddy workers welfare fund contribution due from the defaulter who has borrowed funds from the petitioner by mortgaging the property. Even though State has priority in recovery proceedings, the contention of the petitioner is that there is no statutory charge on the property of defaulter under the Toddy Workers Welfare Fund Act. I do not think there is any need for this Court to consider the claim because recovery authorities can consider petitioner's claim under mortgage in a claim petition to be filed by the petitioner under Section 46 of the RR Act. O.P. is accordingly disposed of directing the respondents to consider petitioner's claim and verify whether there is charge over the defaulter's property for recovery of toddy workers welfare fund contribution by reference to the statutory provisions of the Toddy Workers Welfare Fund Act. Respondents are directed to take a decision on the claim petition to be filed by the petitioner before 2 proceeding for sale of the property. If there is no priority for toddy workers welfare fund dues, and if defaulter is not in any arrears due to Government, then the Tahsildar lift the attachment and release the property to the petitioner to proceed in recovery proceedings. (C.N. RAMACHANDRAN NAIR) Judge kk 3