IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 8344 of 2005(R) ------------------------------------ PETITIONERS : -------------------- 1. M.N.SANKARANARAYANAN NAIR, 1/1296, BILATHIKULAM, KOZHIKODE. 2. M.N.PRABHAKARAN, PUTTATT HOUSE, MORIKARA, KOZHIKODE. 3. M.N.CHANDRASEKHARAN, 2/2146, SAI SHREE, P.O. CIVIL STATION,KOZHIKODE. BY ADV. SMT.T.RESMI DAMODARAN RESPONDENTS : ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. DEPUTY TAHSILDAR, ARREARS COLLECTION, KOZHIKODE. * 4. THE DISTRICT LABOUR OFFICER, KOZHIKODE BY GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR - R1 TO 3 * ADDL. R4 IS IMPLEADED AS PER THE ORDER DT.05.11.2005 IN W.P.(C) NO.8344/2005 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.07.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8344 of 2005(R) APPENDIX PETITIONERS EXHIBITS:- EXT.P1:- TRUE COPY OF LAND ACQUISITION PROCEEDINGS WHERE THE TAHSILDAR KOZHIKODE FILED A CLAIM PETITION FOR THE LABOUR COURT SETTLEMENT AWARD EXT.P2:- TRUE COPY OF DEMAND NOTICE DATED 09.09.2004 EXT.P3:- TRUE COPY OF LETTER INTIMATING THAT THE FILES OF CPNOS 55, 56, 57 & 58/1978 OF THE LABOUR COURT DATED 22.11.2004 -TRUE COPY- P.A. TO JUDGE pac ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 8344 of 2005 -------------------------------------------------------- Dated: JULY 15, 2008 JUDGMENT The challenge in this writ petition is against Ext.P2. 2. Ext.P2 is a revenue recovery notice issued against the petitioner for realising amounts due in terms of the orders passed by the Labour Court, Kozhikode in Claim Petitions Nos.53, 54, 55 and 56 of 1978. In the statement dated 1.12.2007 filed by the 4th respondent, it is stated that the dues as per the orders in CP Nos.54, 55 and 56 of 1978 have been realised and disbursed to the claimants on 9.3.2006, 3.3.2006 and 9.3.2006 respectively. Along with a memo dated 26.5.2008, the learned Government Pleader has produced a letter dated 24.5.2008 from the District Labour Officer, in which it is stated that the amount due in terms of the order in CP No.53/1978 has been disbursed to the wife of the claimant on 9.4.2008. From the above details furnished by the respondent, it is evident that the dues in CP Nos.53, 54, 55 and 56 of 1978 have been recovered from the petitioner and the same have been disbursed to the claimants. In view of this, there is no necessity to continue the WP(C) 8344/05 2 recovery proceedings initiated by Ext.P2 as the claim is fully satisfied. For that reason Ext.P2 will stand set aside and the writ petition is disposed of accordingly. ANTONY DOMINIC JUDGE mt/-