IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 OP.No. 7434 of 2000(I) ---------------------- PETITIONER(S): --------------- M. MURALEEDHARAN, AGED 33 YEARS S/O. MANIKKAN, KUTHIRAMOOLY, KOLLANGODE, CHITTUR TALUK, MAKKARA VILLAGE, PALAKKAD DT. BY ADV. SRI.C.RAGHAVAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. TODDY WELFARE FUND INSPECTOR, PALAKKAD. 3. TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, CHITTUR. ADV. SRI.K.D.BABU,SC,KTWWFB - FOR R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 7434/2000. ------------------------------------------------------------- EXT.P1 TRUE COPY OF ORDER DT. 24-7-1999. EXT.P2 REPLY TO EXT. P1 DT. 4-8-1999. EXT.P3 ORDER DT. 2-11-1999. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 7434 of 2000 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th March, 2009. J U D G M E N T The petitioner challenges Ext. P3 proceedings of the District Collector, Palakkad, wherein for wilful non-payment of amounts due under the toddy workers welfare fund, it was ordered that the petitioner should remit the entire dues within 15 days from the date of receipt of the order or else furnish security for Rs. 10,000/- for his physical appearance failing which warrant of arrest and orders of detention under Section 65 of the Revenue Recovery Act will be issued. 2. The petitioner was a toddy shop licensee. He defaulted payment of toddy workers welfare fund dues amounting to Rs.44,143/-. Revenue recovery proceedings were initiated. He remitted an amount of Rs. 12,625/-. The balance of Rs. 31,518/- with interest remains unpaid. Although an immovable property belonging to the petitioner was tried to be sold, there were no bidders. The Tahsildar concerned reported to the District Collector that the status of the petitioner is good in society and his family is financially sound and he is capable of remitting the amount. It is under the above circumstances, Ext. P3 order under Section 65 of the Revenue Recovery Act has been issued. 3. The petitioner's contention is that proceedings under Section 64 for arrest and detention can be initiated only if the petitioner is wilfully withholding payment of arrears or has dishonestly transferred any part of his property or has been guilty of fraudulent conduct in order to evade payment, or that the defaulter has the means to pay the arrears or some substantial part thereof and refuses or neglects to pay the same, or the proceeds of the sale of the property of the defaulter and his surety are not sufficient to liquidate the arrears with interest thereon, which contingencies are not present O.P. No. 7434/2000 -: 2 :- in this case in so far as the petitioner has no sufficient property except the immovable property which is under attachment. 4. In the original petition, there is absolutely no mention whatsoever about the status of the petitioner in life or his financial status except a bald statement. The petitioner was a licensee running a toddy shop. The amounts now demanded are not amounts due to the State. These are amounts which the petitioner had deducted from the salary of his employees towards contribution to toddy workers welfare fund, which he has not remitted to the Government. The petitioner was duty bound to remit that amount to the State since that amount does not belong to him at all. That amount belongs to the workers. In fact, it amounts to misappropriation of that amount. That itself shows that the action of the petitioner is wilful and without any bona fides. Further, the Tahsildar has reported that the petitioner's status in life shows that he was financially sound and capable of remitting the amount. There is nothing on record to show otherwise. The petitioner has also not cared to prove otherwise by giving evidence. Therefore, I do not find any merit in the original petition. Accordingly, the same is dismissed. S/- S. Siri Jagan, Judge. Tds/