IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35716 of 2008(B) ---------------------------------------------- PETITIONER(S): --------------------- VADAVATHY SHIJITH, NARAYANI NILAYAM, PATHIRIYAD, KALALOOR, MANIPURAM, KANNUR DISTRICT. BY ADV. SMT.A.P.LALY @ LALY VINCENT RESPONDENT(S): ------------------------- 1. THE TAHSILDAR (REVENUE RECOVERY) THALASSERY TALUK, KANNUR DISTRICT. 2. THE TODDY WORKERS' WELFARE FUND DIRECTOR, KANNUR. R1 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R2 BY SHRI RENIL ANTO, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 35716 OF 2008 B -------------------------------------- Dated this the 4th December, 2008 JUDGMENT Petitioner has approached this Court for a direction to the second respondent to calculate and give the correct statement to the petitioner regarding his dues to the Toddy Welfare Board. A further direction is sought to the first respondent not to initiate auction proceedings on 4.12.2008 and keep it in abeyance till the first respondent prepares and provides the original dues due to the second respondent by the petitioner. 2. Briefly put, the case of the petitioner is as follows: Petitioner was conducting toddy shop Nos. 40 and 41 of Thalassery Range. It is his case that an amount of Rs.2,09,024/= is allegedly due from him. It is stated that the alleged amount of Rs.2,09,024/= is disputed by the petitioner and he has admitted to pay Rs.90,000/=. The amount of recovery is due to the Toddy Workers' Welfare Fund and not to the Government. There is no fixation of the amount due from the petitioner by the second WPC.35716/08 B 2 respondent. Auction is going to be held without fixing the original amount and without the decision of the Ministry of Excise as per Ext.P2 and for a meagre price. 3. When this matter came up for admission, it is pointed out on behalf of the second respondent that the petitioner had actually filed another Writ Petition as W.P.(C). No.10449/04 for the same relief and that Writ Petition was dismissed and a Review Petition was filed and that was also dismissed. The fact of the filing of the said Writ Petition and the Review Petition is not mentioned in the present Writ Petition. Smt. Laly Vincent, learned counsel for the petitioner prays that the petitioner may be given some time to pay off the entire amount due and she further submits that an amount of Rs.25,000/= will be paid by the petitioner today itself before the time of sale. 4. After having considered the arguments, the Writ Petition is disposed of as follows: Recovery proceedings pursuant to Ext.P1 shall be kept in abeyance on condition that the petitioner remits Rs.40,000/= WPC.35716/08 B 3 (Rupees Forty Thousand) before the time of sale mentioned in Ext.P1 and further prays off the entire amount remaining to be paid in four equal monthly instalments, the first of which shall be payable on or before 03.01.2009 and the remaining instalments on or before the third working day of every succeeding month. If the petitioner does not pay Rs.40,000/= or any of the instalments as aforesaid, he will lose the benefit of this Judgment and the petitioner can be proceeded against in accordance with law. In view of the fact that the petitioner has not mentioned about the filing of the earlier Writ Petition and the Review Petition, the benefit of this Judgment will enure to the petitioner only if he remits Rs.2,000/= (Rupees Two Thousand) as costs also. Of Rs.40,000/= to be remitted today, Rs.2,000/= will be appropriated as costs. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge