IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 37595 of 2010(Y) -------------------------- ID.40/2009 of INDUSTRIAL TRIBUNAL, PALAKKAD .................... PETITIONER: --------------- V.AYYASWAMI, S/O.VELUMANI, RESIDING AT ARAMPADOM, TATTAMANGALAM P.O., PALAKKAD 678102. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.NIMOOD A.R SRI.C.A.ANOOP RESPONDENT(S): ------------------------- 1. THE INDUSTRIES TRIBUNAL, PALAKKAD- 678001. 2. VISWAMBHARAN, S/O.VELU, RESIDING AT MOOPPANKULAM, PATTANCHERRY, PALAKKAD-678532. 3. THE TAHSILDAR (REVENUE RECOVERY), CHITTUR, PALAKKAD-678101. BY SR.GOVT.PLEADER SHRI CYRIAC KURIAN FOR R1 & R3 ADV. SRI.RAJESH SIVARAMANKUTTY FOR R2 SRI.G.SURESH (CHITTUR) FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dsn APPENDIX IN WPC.37595/10 PETITIONER'S EXTS: EXT.P1: COPY OF M.P.NO.105/2010 FILED TO CONDONE THE DELAY DATED 9.11.10. EXT.P2: COPY OF M.P.NO.106/10 FILED TO SET ASIDE THE EX PARTE AWARD DT.9.11.10. EXT.P3: COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DT.23.11.10. EXT.P4: COPY OF DEMAND NOTICE ISSUED BY THE THIRD RESPONDENT DT.18.10.10. TRUE COPY P.A.TO JUDGE dsn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 37595 OF 2010 -------------------------- Dated this the 20th day of October, 2011 J U D G M E N T This writ petition is filed challenging the revenue recovery proceedings initiated at the instance of the second respondent to recover the amounts due to him under an ex-parte award passed by the Industrial Tribunal in I.D. No.40 of 2009. By an ex-parte award passed on 22.12.2009 in I.D.No.40 of 2009, the petitioner herein was directed to pay the sum of Rs.1,53,600/- to the second respondent. The petitioner thereupon filed M.P No. 106 of 2010 to set aside that ex-parte award accompanied by M.P. No.105 of 2010 to condone the delay in filing the former application. It was thereafter that Ext.P4 demand notice under the Kerala Revenue Recovery Act, 1968 was issued demanding payment of the amount due under the ex-parte award. The instant writ petition was thereupon filed challenging the revenue recovery proceedings. 2. When the writ petition came up for admission hearing today, Sri.Rajesh Sivaramankutty, the learned counsel appearing for the second respondent submitted that the application filed by the petitioner to set aside the ex-parte award after condoning the delay in filing the application stands allowed and therefore the revenue recovery cannot be proceeded with. In the light of the admitted fact WPC No.37595/2010 2 that the ex-parte award, which was the basis for issuing the impugned demand notice, is no longer in existence and the industrial dispute remains to be adjudicated by the Industrial Tribunal, I am of the opinion that the revenue recovery proceedings initiated against the petitioner should be withdrawn. I accordingly dispose of the writ petition with a direction to the Industrial Tribunal to recall the requisition sent by it to the District Collector/Tahsildar (Revenue Recovery), Chittoor to recover the amounts due as on 22.12.2009 in I.D.No.40 of 2009. The third respondent shall upon such requisition being issued, lift the attachment if any effected by him pursuant to Ext.P4 demand notices. P.N.RAVINDRAN, (JUDGE) vps