IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 4013 of 2011(B) -------------------------------------- PETITIONER(S): ----------------------- M.D. BAIJU, S/O.DAMODARAN, RESIDING AT BAIJU BHAVAN, VAZHAPPALLY POST, CHANGANASSERY. BY ADV. SRI.P.B.KRISHNAN, SMT.GEETHA P.MENON, SRI.P.M.NEELAKANDAN, SRI.P.B.SUBRAMANYAN. RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR KOTTAYAM, PIN-686 002. 2. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, KOTTAYAM, PIN-686 002. 3. THE TAHSILDAR (RR), KOTTAYAM, PIN-686 002. 4. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, KOTTAYAM, PIN-686 002. 5. THE ASST. EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, KOTTAYAM-686 002. 6. THE TODDY WORKERS WELFARE FUND, KOTTAYAM, PIN-686 002. 7. C.K. SHANI, S/O.HUSSAIN, VAZHAYIL HOUSE, VELOOR POST, KOTTAYAM, PIN-686 002. * ADDL. R8 IMPLEADED ADDL. R8. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM, PIN-695 001. * ADDL. R8 IS IMPLEADED AS PER ORDER DATED 18/07/2011 IN I.A.6447/2011. R1 TO R5 & ADDL.R8 BY SR. GOVT. PLEADER MR.JAMES MATHEW KADAVAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 4013 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.1799 OF 2006, S.R.O., KOTTAYAM DATED 19/05/2006. EXT.P2: COPY OF THE SALE DEED NO.2260 OF 2006, S.R.O., KOTTAYAM DATED 24/06/2006. EXT.P3: COPY OF THE SALE DEED NO.3172 OF 2008, S.R.O., KOTTAYAM DATED 25/08/2006. EXT.P4: COPY OF THE ENCUMBRANCE CERTIFICATE DATED 29/08/2008. EXT.P5: COPY OF THE NOTICE NO.E3-4217/09 ISSUED BY RESPONDENT NO.4 DATED 15/09/2009. EXT.P6: COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 25/11/2009. EXT.P7: COPY OF THE ORDER NO.E3-4217/2009/K.DIS PASSED BY RESPONDENT NO.4 DATED 22/02/2010. EXT.P8: COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE RESPONDENT NO.2 DATED NIL.-3-2010. EXT.P9: COPY OF THE NOTICE ISSUED FOR SALE OF PROPERTY DATED 13/09/2010. EXT.P10: COPY OF THE ORDER NO.K1/KOTTAYAM-23/02-03 PASSED BY RESPONDENT NO.6 DATED 31/12/2008. EXT.P11: COPY OF THE ORDER NO.K1/KOTTAYAM-23/03-04 PASSED BY RESPONDENT NO.6 DATED 25/04/2007. EXT.P12: COPY OF THE ORDER NO.K1/KOTTAYAM-23/04-05 PASSED BY RESPONDENT NO.6 DATED 25/04/2007. EXT.P13: COPY OF THE ORDER NO.K1/KOTTAYAM-23/05-06 PASSED BY RESPONDENT NO.6 DATED 25/04/2007. EXT.P14: COPY OF THE ORDER NO.K1/KOTTAYAM-23/06-07 PASSED BY RESPONDENT NO.6 DATED 28/03/2008. EXT.P15: COPY OF THE APPLICATION FILED UNDER RIGHT TO INFORMATION ACT DATED 22/10/2009. EXT.P16: COPY OF THE COMMUNICATION NO.A1-145/2009 FROM THE TAHSILDAR (R.R.), KOTTAYAM DATED 30/10/2009. EXT.P17: COPY OF THE APPLICATION FILED UNDER SECTION 10 OF THE RIGHT TO INFORMATION ACT BEFORE RESPONDENT NO.4 DATED 23/09/2009. EXT.P18: COPY OF THE COMMUNICATION NO.E3-4217/09 ISSUED BY RESPONDENT NO.4 DATED 29/09/2009. (P.T.O.) WP(C).No. 4013 of 2011(B) EXT.P19: COPY OF THE JUDGMENT IN WP(C) NO. 32607 OF 2010-A DATED 27/10/2010. EXT.P20: COPY OF THE CLAIM PETITION FILED BY PETITIONER DATED 21/01/2011. EXT.P21: COPY OF THE AUCTION NOTICE NO.1108/08, 1107/08 AND 1106/08 PUBLISHED BY RESPONDENT NO.3 DATED 04/02/2011. EXT.P22: COPY OF THE ORDER NO.C5.1108/08 PASSED BY RESPONDENT NO.3 DATED 14/03/2011. EXT.P23: COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE ADDITIONAL RESPONDENT NO.8 DATED 30/03/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 4013 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of July, 2011 J U D G M E N T The petitioner challenges proceedings initiated against the petitioner's property for recovery of arrears of Toddy Workers Welfare Fund contributions, on the ground that the property was sold to the predecessor in interest of the petitioner by the defaulter even prior to the date of default. The question as to when exactly the amount became due and when exactly was the sale are questions of fact which have to be considered by the appropriate authorities in the first instance. Admittedly, the petitioner had already filed Ext.P23 revision petition along with a stay petition before the Commissioner of Land Revenue, Thiruvananthapuram. In the above circumstances, the writ petition is disposed of with the following directions: The 8th respondent shall consider and pass orders on Ext.P23 revision petition after affording an opportunity of W.P.(C)No. 4013 of 2011 -2- being heard to the petitioner as well as the respondents 6 & 7, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The 8th respondent shall consider and pass orders on Ext.P23 application for stay within two weeks from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/