IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 34213 of 2007(W) -------------------------- PETITIONER(S): --------------- CHARANKATTU CINE HOUSE, CHERTHALA, REPRESENTED BY ITS MANAGING PARTNER, C.K. ASHOKAN, CHARANKATTU HOUSE,KANICHUKULANGARA, CHERTHALA. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA. 2. THE TAHSILDAR, CHERTHALA. 3. THE TODDY WORKERS WELFARE INSPECTOR, ALAPPUZHA. ADV. SRI.KOSHY GEORGE,SC,KTWWFB,(TODDY WORKE FOR R3) GOVT. PLEADER SRI. K.S. MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009, ALONG WITH WPC NO. 34677 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: W.P.C.NO. 34213/2007 ------------------------------------------------------------------- EXT.P1 PHOTO COPY OF NOTICE DT. 8-10-2007 [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) Nos. 34213 & 34677 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th November, 2009. J U D G M E N T Petitioners are the legal heirs of late Sri. C.V. Kunjikuttan, who was one of the joint licensees of toddy shops in Mattancherry range. There were arrears of toddy workers welfare fund contributions payable by the said C.V. Kunhikuttan. Proceedings were initiated for recovery of the arrears by sale of the property belonging to late C.V. Kunjikuttan. That is now under challenge at the instance of two of the legal heirs of late C.V. Kunjikuttan in these writ petitions. The petitioners seek the following reliefs: W.P(C) No. 34213/2007 “(i) to declare that Ext. P1 is bad in law; (ii) issue a writ of mandamus or any other writ, order or direction and quash Ext. P1 sale notice; (iii) issue a writ of mandamus or any other writ, order or direction to the 1st respondent to conduct a fair enquiry into the allegations of the petitioner.” W.P(C) No. 34677/2007 “(a) Call for the records of the case leading up to Ext. P2 and to quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction; (b) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to refrain from proceeding with Ext. P2.” Exts.P1 and P2 referred to in the prayers are the sale notices issued for sale of the properties of late C.V. Kunjikuttan. 2. I have heard the learned counsel for the petitioners, the W.P.C. No. 34213 & 34677/07 -: 2 :- Toddy Workers Welfare Fund Board and the learned Government Pleader. 3. The liability of late C.V. Kunjikuttan to pay the amound demanded is not in dispute by the petitioners. The question is as to who should bear it. Admittedly, proceedings have been initiated against the property belonging to late C.V. Kunjikuttan. Therefore, the petitioners cannot now stand in the way of sale of the properties which belonged to late C.V. Kunjikuttan. However, now the additional 3rd respondent in W.P(C) No. 34677/2007 has come forward to pay the amounts due insofar as he has purchased the properties in question. In the above circumstances, the writ petitions are disposed of with the following directions: The additional 3rd respondent shall pay the amounts demanded by the Kerala Toddy Workers Welfare Fund Board, within one month from today. If, within the said time the amount is not paid by the additional 3rd respondent, respondents 1 and 2 would be free to proceed with the sale as originally contemplated without having to issue any notice or proceedings to either the legal heirs or the 3rd respondent in W.P(C) No. 34677/2007. Sd/- S. Siri Jagan, Judge. Tds/