IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 19458 of 2004(N) -------------------------- PETITIONER: ------------ JAIJITH.P.G., POLAKULATH HOUSE, KODUNGALLOOR. BY ADV. SRI.K.B.GANGESH RESPONDENTS: ------------- 1. THE DEPUTY TAHASILDAR (RR), KODUNGALLOOR. 2. THE VILLAGE OFFICER, LOKAMALESWARAM VILLAGE, KODUNGALLOOR. 3. THE TAHASILDAR, KODUNGALLOOR. 4. THE ASST. EXCISE COMMISSIONER, THRISSUR. BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE DEMAND NOTICE DATED 17.6.2004 ISSUED BY THE FIRST RESPONDENT UNDER SECTION 7 OF THE R.R. ACT. EXT.P2 TRUE COPY OF THE DEMAND NOTICE DATED 17.6.2004 ISSUED BY THE FIRST RESPONDENT UNDER SECTION 34 OF THE REVENUE RECOVERY ACT. EXT.P3 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 15.3.2004 EXT.P4 STRUE COPY OF THE REPLY PREFERRED BY THE PETITIONER THROUGH ADVOCATE DATED 15.4.2004 EXT.P5 TRUE COPY OF THE COMMUNICATION OF THE 4TH RESPONDENT DATED 27.4.2004 EXT.P6 TRUE COPY OF THE OBJECTION PREFERRED BY THE PETITIONER BEFORE RESPONDENTS 1 TO 3 EXT.P7 TRUE COPY OF THE TITLE DEED NO. 785 OF 2003 OF KODUNGALLOOR REGISTRAR OFFICE DATED 28.2.2003 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 19458 OF 2004 -------------------------------------------- Dated this the 6th day of June, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of arrears of abkari dues due from the petitioner's late father. Liability pertains to the year 1968-69. Defaulter died in 1994. Petitioner's case is that property proceeded against after issuing notice in 2004 is self- acquired property of the petitioner. I do not think there is any justification for respondents to proceed against the petitioner for recovery of abkari dues due from the late defaulter for the year 1968- 69. Arrears pertain to the period which is nearly 40 years back and there is no justification to proceed for recovery at this distance of time. Defaulter himself died 14 years back; and it is thoroughly arbitrary to proceed against legal heirs now because they will not be able to collect details and contest the liability at this distance of time. W.P. is allowed quashing the demand against the petitioner and other legal heirs of the late defaulter. (C.N. RAMACHANDRAN NAIR) Judge kk 2