IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 38224 of 2007(A) -------------------------- PETITIONER: ------------ P.J.DAVIS, PULLOKKARAN HOUSE, IRINJALAKUDA, THRISSUR DISTRICT 680 121. BY ADV. SRI.P.SANTHALINGAM SRI.S.SHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM-33. 3. THE DISTRICT COLLECTOR, THRISSUR. 4. THE TAHSILDAR, MUKUNDAPURAM TALUK, MUKUNDAPURAM. 5. THE REVENUE RECOVERY OFFICER, (DY.TAHSILDAR RR), MUKUNDAPURAM. 6. K.T.KURUVILA, KADICHENI HOUSE, KAVANAD ROAD, VADAMA VILLAGE, MALA P.O., THRISSUR DISTRICT. 7. K.C.VASUDEVAN, S/O.LATE K.S.CHATHUNNI, KOLLARA HOUSE, ELITE HOSPITAL, THRISSUR. WP(C).No. 38224/2007/A -2- 8. P.A.SASIDHARAN, S/O.P.E.APPU, KOLAPURATH HOUSE, VOLGA HOTEL, THRISSUR. 9. DR.SAJU ANTONY, S/O.A.P.ANTONY, AILIKAL HOUSE, KUNDUR, KIZHOOR VAYA, THRISSUR DISTRICT. 10. K.C.THOMAS, S/O.K.T.CHAPPAKKAPAN, KANICHAYA HOUSE, VYTHALA, PALAYAM PARAMBU, THRISSUR DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMAPRASAD UNNI SMT.SMITHA GEORGE SRI.M.H.HANIS SENIOR GOVERNMENT PELADER, SMT.P.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2008, ALONG WITH WPC NO. 5857 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) Nos. 38224 of 2007 & 5857 of 2008 ======================= Dated this the 26th day of March, 2008 JUDGMENT The petitioners are defaulters in payment of Abkari dues. The dues related to the period of 1981. The same remains unrecovered fully even now. The contention raised by them in these two writ petitions is that as per a direction of Division Bench in Writ Appeal No.434 of 2008, one of the co-licencees namely, Sri.K.T.Kuruvila, the 6th respondent in W.P.(C) No.38224 of 2007 is bound to pay a substantial amount of the dues which would be sufficient to clear off the entire dues payable by the firm which was the licencee of which the petitioners, Sri.K.T.Kuruvila and others were partners, and therefore the petitioners cannot be proceeded against for any amounts. The Tahsildar concerned has filed a statement to the effect that pursuant to the directions in the said Writ Appeal, Sri.K.T.Kuruvila has paid a total amount of Rs.1,29,11,912/- and the balance amount to be recovered from the defaulters upto 14.3.2008 is Rs.10,07,924/-. The statement filed by the Tahsildar also states that this was informed to Sri.K.T.Kuruvila on 11.3.2008 and inspite of the same, there is noncompliance of the High Court's orders. The Government Pleader W.P.(C) No. 38224/2007 & 5857/2008 -2- seeks permission to credit the amount collected by Tahsildar in the account of the licencees. The learned counsel for the petitioners in the two writ petitions submits that they have no objection in proceedings for recovery of the balance amount due, from them also. In the above circumstances, the writ petition is disposed of as below: The amount now collected from Sri.K.T.Kuruvla shall be credited to the Excise Department in the account of the defaulters. The petitioners and Sri.K.T.Kuruvila shall be proceeded only in respect of the balance amount. If the petitioners and the said Sri K.T.Kuruvila have any dispute regarding apportionment of the liability, they would be free to approach the civil court. The counsel for Sri.K.T.Kuruvila disputes the correctness of the balance amount due. It is for him to take appropriate proceedings if he is aggrieved by the computation. The petitioners would be free to redeem their properties which have been put in auction by paying the amount demanded by them in which case the sale would stand set aside and the amount deposited by the auction purchaser shall be refunded with interest which shall also be borne by the petitioners. S.SIRI JAGAN, JUDGE jp