IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6136 of 2008(E) ------------------------- PETITIONER: ------------ M.K. THANKACHAN, AGED 55 YEARS, S/O. KESAVAN, MAMPALATH HOUSE, KODIMATHA P.O., KOTTAYAM. BY ADV. SRI.JOY GEORGE SRI.PRINCY JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF LABOUR (THE APPELLATE AUTHORITY, KERALA STATE TODDY WORKERS WELFARE FUND ACT), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE WELFARE FUND INSPECTOR-I, TODDY WORKERS WELFARE FUND, KOTTAYAM. 4. THE DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM. 5. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 6. THE ASSISTANT EXCISE COMMISSIONER, KOTTAYAM. 7. M.V. PRAKASAN, S/O. NANU, MECHERIL HOUSE, NATTAKOM, KOTTAYAM. 8. SMT. MONEE, D/O. APPAI, PADMA SOUDHAM, NATTAKOM, KOTTAYAM. BY ADV. SRI.K.D.BABU,SC,KTWWFB R1, 2, 4, 5 & 6 BY GOVERNMENT PLEADER SRI I.V.PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 6136 of 2008 ------------------------------------- Dated: February 22, 2008 JUDGMENT The challenge in this writ petition is against an order passed under sec.65 of the Revenue Recovery Act. The petitioner was found to be an employer in terms of Sec.2(c) of the Toddy Workers Welfare Fund Act and on that basis by Ext.P1 order dated 16.10.1997, liability for payment of the dues under the Act was fastened on the petitioner. 2. Neither an appeal was filed nor did he pay the amount. The proceedings continued and revenue recovery proceedings initiated also did not yield any result. It is thereafter that sec.65 proceedings were initiated and that culminated in Ext.P2 warrant of arrest. At that stage petitioner has filed Ext.P3 appeal under sec.8 (5) of the Act on 15.2.2008. It is thereafter that this writ petition has been filed. WP(C)6136/08 Page numbers 3. Since under sec.8(5) of the Act an appeal ought to have been filed within 60 days, Ext.P3 filed after more than a decade, is clearly barred by limitation. It is also the settled position that the appellate authority has no power to condone delay. Thus Ext.P1 has become final and is liable to be enforced. Hence the steps taken by the authorities under sec.65 also cannot be faulted. At this stage counsel for the petitioner seeks an instalment facility to discharge the liability and to avoid arrest following Ext.P2. 4. I heard the standing counsel for the respondent and also the Government Pleader. 5. Having regard to the submissions that are made, I direct that the amount due in terms of Exts.P1 and P2 shall be paid by the petitioner in the following manner:- One-third of the amount presently due shall be remitted by the petitioner within three weeks from today before the 4th respondent. Subject to payment as above, further proceedings pursuant to Ext.P2 will be kept in abeyance. It is directed that the balance amount shall also be paid in two instalments which shall be WP(C)6136/08 Page numbers payable on or before 3rd March, 2008 and 24th March, 2008. If default is committed in paying any one of the instalments, the respondent is free to take steps for the enforcement of Ext.P2 warrant of arrest. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-