IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 35027 of 2009(O) -------------------------- I.A.NO.872/09 IN AS.123/2009 of IIADDL. DISTRICT COURT, KOZHIKODE .................... PETITIONERS: ------------------- 1. PARAPPURATH BHASKARAN, AGED 73 YEARS, PENSIONER, S/O.CHANDUKUTTY. 2. PARAPPURATH SANTHAKUMARI, D/O.CHANDUKUTTY, AGED 67 YEARS. 3. PARAPPURATH SREEDEVI, AGED 65 YEARS, D/O.CHANDUKUTTY. 4. PARAPPURATH RAJAN, AGED 63 YEARS, D/O.CHANDUKUTTY. 5. PARAPPURATH RADHAMANI, AGED 61 YEARS, D/O.CHANDUKUTTY. 6. PARAPPURATH MOHANAN, AGED 53 YEARS, D/O.CHANDUKUTTY. 7. UNIKOCHAN PARAMBA DEVI, AGED 61 YEARS, W/O.BHARATHAN, D/O.CHANDUKUTTY. 8. U.P.AEKANATH, AGED 40 YEARS, S/O.BHARATHAN. 9. U.P.BIJUNATH, AGED 36 YEARS, S/O.BHARATHAN. (ALL ARE RESIDING AT KURUVATOOR AMSOM, POLOOR DESOM OF KOZHIKODE TALUK, P.O.KONOTT, CALICUT, PIN-673 571). BY ADV. SRI.R.SUDHISH SRI.P.P.BALAN -2- W.P.(C).No.35027/2009 RESPONDENT: ------------------- PUTHALITHANGARA SHYLAYA, AGED 46 YEARS, D/O.PACHAN, NELLIKODE AMSOM, KOVOOR DESOM OF KOZHIKODE TALUK, P.O.MEDICAL COLLEGE, CALICUT-673 018. ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE I.A.872/09 IN A.S.NO.123/09 FILED BY THE PETITINERS BEFORE THE II ADDL. DISTRICT COURT, KOZHIKODE. EXT.P2 TRUE COPY OF THE COUNTER FILED BY THE RESPNDENT IN I.A.NO.872/09. EXT.P3 TRUE COPY OF THE ORDER DTD 8/9/2009 'IN I.A.NO.9872/09 IN A.S.NO.123/09 OF THE II ADDL. DISTRICT COURT, KOZHIKODE. True Copy P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 35027 OF 2008 ----------------------------------- Dated this the 17th day of June, 2009 JUDGMENT The petitioner is mainly aggrieved of Ext.P1 notice asking him why he shall not be arrested for not satisfying the due amount which was sought to be realised invoking the relevant provisions of the Revenue Recovery Act. The petitioner was actually one of the Directors of the Chitty Company by name M/s. Mini Chitties & Loans Private Limited, Thrissur, which however became defunct because of loss of business. However, the eligible compensation payable to the workers was not given, which led to the proceedings filed by the workers under the ID Act. Additional respondents 11 and 12 are stated as denied the employment, which made them to approach the Industrial Tribunal, Palakkad, for appropriate reliefs, invoking the relevant provisions under the ID Act. It is brought to light, that the claim petitions preferred by the concerned workers were allowed, because of the non appearance/non prosecution of the matter from the part of the management/petitioner. 2. Since no proper action was taken by the revenue authorities for reaslisation of due amount, the said workers, (additional respondent 11 and 12) approached this Court by filing WP(C) 2502 and 2503 of 2008 and WPC NO.35027/2008 2 despite the service of notice, the first respondent, who is none other than the petitioner herein, did not turn up, which led to the judgments passed on 18.08.2008 giving appropriate directions to the concerned respondents. It was pursuant to the above verdicts, that Ext.P1 show-cause notice regarding the warrant of arrest was issued, which in turn is subjected to challenge by the petitioner in this Writ Petition. 3. This Court, after hearing the petitioner, does not find it necessary to show any indulgence in favour of the petitioner. The learned counsel appearing for the petitioner submits that the petitioner is ready and willing to clear the entire liability, provided some breathing time is given to him. 4. Learned Counsel appearing for the concerned workers submits that, as on date, a sum more than Rs.1,32,000/- with interest and cost is due to be paid to them. Learned counsel appearing for the petitioner submits that the condition imposed by this Court while granting the interim order of stay has already been complied with. 5. Considering the facts and circumstances, the petitioner is permitted to clear the remaining liability by way of six equal monthly instalments commencing from the 15th of July, 2009 and followed by the 15th of the succeeding months. Till such time, no coercive steps shall be taken pursuant to Ext.P1. However, it is made clear that if any default is committed by the petitioner in remitting the instalment as mentioned above, WPC NO.35027/2008 3 the concerned respondents will be at liberty to proceed against the petitioner for realisation of the due amount on the basis of the steps already taken as evident from Ext.P1. The additional respondents 11 and 12 will be at liberty to withdraw the amount Rs.15,000/- already deposited by the petitioner at an equal proportion of Rs.7,500/- each. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON JUDGE dnc