IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 10662 of 2009(C) -------------------------- PETITIONER(S): ----------------- K.R.KRISHNAN NAIR, AGED 66 YEARS, S/O.RAMAKRISHNA PILLAI, RESIDING AT KRISHNA NIVAS, MARIATHURUTHU P.O., KOTTAYAM TALUK. BY ADV. SRI.S.JAYAKRISHNAN SMT.S.USHAKUMARI RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOTTAYAM. 3. DEPUTY TAHSILDAR, REVENUE RECOVERY, KOTTAYAM. 4. SAHITHYA PRAVARTHAKA CO-OPERATIVE SOCIETY LTD.NO.2458, KOTTAYAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE FOR R4 SRI.B.UNNIKRISHNA KAIMAL FOR R4 GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 10662 OF 2009 (C) ===================== Dated this the 16th day of July, 2009 J U D G M E N T Petitioner was an employee under the 4th respondent, a Co- operative Society. After retirement, petitioner filed GC 21/99 before the Controlling Authority for payment of his gratuity and that case was disposed of by Ext.P1 order allowing his claim along with interest. The 4th respondent filed appeal and that was rejected. When revenue recovery proceedings were initiated WP (C) No.14140/06 was filed before this Court. By Ext.P2 judgment, the writ petition was dismissed. Even thereafter, payment was not made. 2. Finally, the petitioner approached this court by filing WP(C) NO.21639/07. According to him, that judgment was not complied with and therefore contempt proceedings were initiated and the 4th respondent deposited the principal amount due under Ext.P1. The interest awarded in Ext.P1 order of the Controlling Authority was not recovered or paid and therefore, the petitioner again filed Ext.P5 representation before the 2nd respondent requesting for initiating revenue recovery proceedings. WPC 10662/09 :2 : 3. In this writ petition, what he complains of is the inaction on the part of the 2nd respondent on Ext.P5. 4. If as stated by the petitioner, Ext.P1 order passed by the Controlling Authority has attained finality and that order enables the petitioner to claim interest on the belated payment of his gratuity dues, there is no reason why the amount shall not be recovered and paid. 5. Since the petitioner has already moved the 2nd respondent in this behalf, I direct the 2nd respondent to take appropriate action on Ext.P2 for realisation of the dues of the 4th respondent. This shall be done, as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp