IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 33786 of 2010(W) -------------------------- PETITIONER: --------------- M.SOMAN,AGED 60 YEARS,S/O.MADHAVAN, KUZHIKKATTU KIZHAKKETHIL,RAMAPURAM MURI,KEERIKKAD VILLAGE,KARTHIKAPPALLY TALUK,ALAPPUZHA. BY ADV. SRI.B.RENJITHKUMAR RESPONDENTS: --------------- 1. THE COMMISSIONER FOR WORKMEN COMPENSATION AND DEPUTY LABOUR COMMISSIONER, KOLLAM-691013. 2. THE DISTRICT COLLECTOR,KOLLAM-691013. 3. THE DISTRICT COLLECTOR,ALAPPUZHA-688001. 4. STATE OF KERALA,REPRESENTED BY SECRETARY DEPARTMENT OF REVENUE,THIRUVANANTHAPURAM-1. 5. RASHEEDA ABDUL SALAM,W/O.LATE ABDUL SALAM,ABOOBAKERKUNJU,KOODATHIL HOUSE,RAMAPURAM MURI,KEERIKKAD VILLAGE-679 350. 6. NAZAR,S/O.LATE ABDUL SALAM, ABOOBAKERKUNJU OF DO-- PIN-679350. 7. LILLA,D/O.LATE ABDUL SALAM, ABOOBAKERKUNJU OF DO 679350. 8. SHEEJA,D/O.OF DO DO 679350. 9. SABEENA,D/O OF DO- 679350. ADV. SMT.S.L.SYLAJA FOR R8 GOVERNMENT PLEADER SMT.LILY K.T. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX TO W.P.C.NO.33786 OF 2010 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF AWARD IN W.C.C.NO.24/99 OF 1ST RESPONDENT DATED 12/2/2007. EXT.P2: TRUE COPY OF REQUEST DATED 26/11/2008 BEFORE 1ST RESPONDENT BY THE PETITIONER. EXT.P3: TRUE COPY OF PLAINT IN O.S.NO.373/07 FILED BY 6TH RESPONDENT BEFORE MUNSIFF'S COURT, KAYAMKULAM DATED 6/12/2007. EXT.P4: TRUE COPY OF PLAINT IN O.S.NO.374/07 BEFORE M.C.KAYAMKULAM BY ONE HANEEFA DATED 7/12/2007. RESPONDENT'S EXHIBITS: NIL // True Copy// PA to Judge A.M.SHAFFIQUE, J * * * * * * * * * * * * * W.P.C.No.33786 of 2010 ---------------------------------------- Dated this the 19th day of November 2011 J U D G M E N T This is a writ petition filed by the petitioner for a writ of mandamus to command respondents 1 to 4 to recover the amount awarded under Ext.P1. A counter affidavit is filed stating that certain civil disputes are pending namely O.S.No.373/07 and 374/07 before the Munsiff Court, Kayamkulam seeking an injunction to restrain the revenue authorities including State of Kerala from recovering the amounts by taking any action against the plaint schedule property in question. 2. It is an unfortunate situation that the revenue authorities have not taken any steps to see that the interim orders passed are disposed of as early as possible so that recovery steps can be initiated. Similar suits might be filed by various parties to avoid the liability to pay amounts awarded by competent authorities. When there is an obligation on the part of the revenue authorities to recover the amount, they are bound W.P.C.No.33786/2010 2 to take all necessary steps for recovering the amount and any obstacles in the said matter are also to be taken care of by properly defending civil suits, if any filed. 3. In the above circumstances, I hereby direct respondents 2 and 3 to take immediate steps for recovering the amount awarded under Ext.P1 and if there is any prohibitory orders by any court of law to take immediate steps to see that the cases are disposed of as early as possible, a report to that effect may be filed before this Court within a period of one month from the date of receipt of a copy of this judgment. Writ petition is disposed of. (A.M.SHAFFIQUE, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.33786/2010 3 W.P.C.No.33786/2010 4 THOMAS.P.JOSEPH,J. Crl.M.C.No. of 200 ORDER 19/01/2011