IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 7985 of 2005(A) ------------------------- PETITIONER: ------------ 1. K.N.GIRISH, KAMALADALAM, KADAKKARAPPALLY, CHERTHALA, ALAPPUZHA. 2. JAYALAKSHMI, W/O.SATHEESH, THOTTAZHATHU VEEDU, THURAVOOR, CHERTHALA. BY ADV. SRI.V.G.ARUN RESPONDENTS: ------------- 1. THE TAHSILDAR, TALUK OFFICE, CHERTHALA. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, THIRUVANANTHAPURAM. 4. PADMINI AMMA, KATTIKKATTU VEEDU, KADAKKARAPPALLY, CHERTHALA. BY ADV. SRI.BECHU KURIAN THOMAS FOR R4 SMT.SMITHA, GOVERNMENT PLEADER FOR R1TO3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.7985/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF FINAL DECREE IN O.S.1052/2002 DATED 27/10/2003 OF ADDL.MUNSIFF COURT, SHERTALLAI. P1(a) : COPY OF JOINT STATEMENT FILED IN O.S.1052/2002 DATED 27/09/2003. P2 : COPY OF DELIVERY KYCHIT IN E.O.351/2004 IN O.S.1052/2002 ALONG WITH THE REPORT DATED 15/06/2004. P3 : COPY OF DELIVERY KUYCHIT ALONG WITH THE REPORT IN E.P.351/2004 IN FAVOUR OF 2ND PETITIONER DATED 15/06/2004. P4 : COPY OF REPLY GIVEN BY TAHSILDAR NO.H1-16037/04 DATED 02/02/2005. P5 : COPY OF NOTICE NO.B3-5/94/Abk. DATED 12/01/2005. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 7985 of 2005 --------------------------------- Dated, this the 22nd day of August, 2008 J U D G M E N T Petitioners are challenging recovery proceedings for recovery of arrears of abkari dues, due from petitioners' mother who carried on abkari business during 1993-94 along with her brother. The defaulters' contested liability by filing O.P. No.2180/95 and the same was rejected by this Court. Petitioners case is that under compromise decree they obtained part of the properties of the defaulters. However, it is seen that decree is obtained without Government made as a party and without disclosing liabilities of the defaulters. Obviously, it is a collusive decree to save the defaulters' property from recovery. In the circumstances, the writ petition is devoid of any merit and is dismissed. There will be direction to the respondents 1 & 2 to proceed for recovery by attachment and sale of the property ignoring the decree passed by the Civil Court. (C.N.RAMACHANDRAN NAIR, JUDGE) jg