IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 7760 of 2005(W) ------------------------------------ PETITIONERS: ------------------- 1. E.K. SHINE, S/O. THE LATE K.KARUNAKARAN KUNNUMCHIRAYIL HOUSE, MUTTUCHIRA P.O. KADUTHRUTHI (VIA), KOTTAYAM DISTRICT. 2. E.K. SHIJU, S/O. THE LATE K. KARUNAKARAN KUNNUMCHIRAYIL HOUSE, MUTTUCHIRA P.O., KADUTHURUTHI (VIA), KOTTAYAM DISTRICT. BY ADV. SRI.A.A.ABUL HASSAN RESPONDENTS: ------------- 1. ASSISTNT EXCISE COMMISSIONER, KOTTAYAM DIVISION, KOTTAYAM. 2. DISTRICT COLLECTOR, KOTTAYAM. 3. DEPUTY TAHSILDAR (R.R.) VAIKOM, KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER SMT. M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2008 ALONG WITH WP(C) NOS. 9353/2007 AND 8994/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 7760/2005 W APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE ORDER IN CMP NO. 18879/02 IN OP NO. 10709/02 DT. 17/4/2002 BY THIS COURT. EXT.P2. COPY OF THE CMP NO. 18209/2003 IN OP NO. 10509/2003 DT. 28/3/2003 BY THIS COURT. EXT.P3. COPY OF THE PROCEEDINGS DT. 26/4/2003 BY THE TAHSILDAR, VAIKOM. EXT.P4. COPY OF THE SALE NOTICE DT. 4/12/2002 BY THE TAHSILDAR, VAIKOM. EXT.P5. COPY OF THE PROCEEDINGS DT. 21/4/04 BY THE TAHSILDAR, VAIKOM. EXT.P6. COPY OF THE ORDER IN WPC NO. 10916/2004 DT. 30/3/2004 BY THIS COURT. EXT.P7. COPY OF THE CHALAN FOR PAYMENT OF RS. 50,000/- DT. 17/5/94. EXT.P8. COPY OF THE CHALAN FOR PAYMENT OF RS. 50,000/- DT. 31/07/95. EXT.P9. COPY OF THE SALE NOTICE DT. 16/12/00 BY THE TAHSILDAR, VAIKOM. EXT.P10. COPY OF THE LIST NO. G1. 1304/05 SHOWING THE NAMES OF DEFAULTERS. EXT.P11. COPY OF THE NOTICE U/S. 7 OF THE RR ACT ISSUED BY THE DY. TAHSILDAR, (RR) VAIKOM, DT. 1/3/2005. EXT.P12. COPY OF THE NOTICE U/S. 7 OF THE RR ACT BY THE DY TAHSILDAR (RR) VAIKOM DT. 1/3/2005. EXT.P13. COPY OF THE NOTICE U/S. 34 OF THE RR ACT BY THE DY. TAHSILDAR (RR) VAIKOM DT. 1/3/2005. EXT.P14. COPY OF THE NOTICE U/S. SEC, 34 OF THE RR ACT BY THE DY. TAHSILDAR, (RR) VAIKOM DT. 1/3/2005. EXT.P15. COPY OF THE OBJECTION DT. 4/3/2005 BY THE P1 BEFORE THE VILLAGE OFFICER, MUTTUCHIRA. RESPONDENT'S EXHIBITS NIL. True copy tga THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).Nos.7760/2005-W, 9353/2007-L & 8994/2008-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of March, 2008. JUDGMENT 1.These writ petitions are filed by the same persons. They are abkari contractors. They are the children of Sri.Kochukunju Karunakaran and Smt.Savithri Karunakaran, who are stated to be no more. Abkari dues were outstanding from them. The liability of the petitioners on account of their parents can be only to the extent of any estate inherited from them. Otherwise, the petitioners can be made liable only for such abkari dues as are referable to their conduct, either as licensees or as employers for the purpose of the abkari dues, including Toddy Workers' Welfare Fund dues. It is so declared. WP(C)7760/05 & con. cases. -: 2 :- 2.These writ petitions are accordingly disposed of directing that while recovery proceedings shall be taken against the estate of Kochukunju Karunakaran and Savithri Karunakaran, any claim of the petitioners regarding any of the items that may be proceeded against, will be considered and unless the claim of the petitioners is upheld, such property shall also be proceeded against. The petitioners will be at liberty to state such contentions as is permissible under the Revenue Recovery Act before the competent authority. It is further directed that no dues referable to Kochukunju Karunakaran and Savithri Karunakaran, without the involvement of the petitioners as abkari contractors, shall be put against the petitioners to deny the clearance certificate or other statutory orders. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/020408