IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 7820 of 2008(E) -------------------------------------- PETITIONERS: ---------------------- 1. P.K. BABU, S/O.KUTTAPPAN, PENDANATH HOUSE, PONNANKAYAM P.O. THIRUVAMBADY, KOZHIKODE DISTRICT. 2. P.K.THANKACHAN, S/O.KUTTAPPAN, PENDANATH HOUSE, PONNANKAYAM P.O. THIRUVAMBADY, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENTS: ------------------------ 1. THE TODDY WORKERS WELFARE FUND INSPECTOR, KOZHIKODE. 2. THE TAHSILDAR (RR), TALUK OFFICE KOZHIKODE. 3. THE DISTRICT COLLECTOR, KOZHIKODE. 4. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. P.N.SANTHOSH BY ADV. SRI.K.D.BABU,SC,KTWWFB(TODDY WORKERS WELFARE FUND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7820/2008 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE 1ST PETITIONER. EXT.P2: COPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE 2ND PETITIONER. EXT.P3: COPY OF THE STATEMENT PREPARED BY THE PETITIONERS. EXT.P4: COPY OF THE REPRESENTATION DTD. 16/05/2005 SUBMITTED BY THE PETITIONERS BEFORE THE HON'BLE MINISTER FOR EXCISE, KERALA. EXT.P5: COPY OF THE COMMUNICATION DTD. 22/09/2006 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P6: COPY OF THE REPRESENTATION DTD. 13/02/2007 SUBMITTED BY THE PETITIONERS BEFORE THE HON'BLE MINISTER FOR REVENUE, KERALA. EXT.P7: COPY OF THE COMMUNICATION DTD. 11/10/2007 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P8: COPY OF THE STATEMENT DTD. 15/10/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P9: COPY OF THE REPRESENTATION DTD. 27/11/2007 SUBMITTED BY THE PETITIONERS BEFORE THE CHAIRMAN OF THE TODDY WORKERS WELFARE FUND BOARD. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 7820 OF 2008 ----------------------------------------------- Dated this the 24th day of March, 2008 JUDGMENT The challenge in this Writ Petition is against Exts.P1, P2 and P7. Petitioners also seek a direction to the respondents to return to the petitioner two acres of properties auctioned pursuant to Exts.P1 and P2, on remittance of the entire amount due from the petitioners towards Toddy Workers Welfare Fund. 2. According to the petitioners, following the defaults that were committed by them in paying the dues under the Toddy Workers Welfare Fund, Revenue Recovery proceedings were initiated by Exts.P1 and P2 and ultimately two acres of property belonging to them was brought for sale and was purchased by the Government itself. Petitioners submit that they followed up the matter with the respondents for returning the property on remittance of the full amount and was informed by Ext.P5 that on remittance of the amounts due, the property shall be returned. 3. However, at the later stage, by Ext.P7 issued by the 4th respondent, petitioners were informed that the property cannot be WPC No. 7820 OF 2008 2 returned. It is in this background, this writ petition has been filed. 4. Standing Counsel for the 1st respondent submits that they are yet to realise the amount and their interest is confined to the collection of the Welfare Fund due, that admittedly was not paid by the petitioners. 5. It is true that it was on account of the defaults that were committed by the petitioners that property came to be sold in Recovery Proceedings. Counsel for the petitioner submits that the entire liability of the petitioner is the amount that is indicated in Ext.P8 communication issued by the 1st respondent. Ext.P8 shows that the total amount due from the petitioners was Rs.5,52,007/- along with interest thereon. As already noted petitioners are willing to pay the entire amount that is due. 6. Since the Government itself have purchased the property in terms of the provisions contained in the Revenue Recovery Proceedings, if the petitioners have expressed their willingness to pay the entire amount that is due along with interest, it is only fair that the 4th respondent returns the property to the petitioners. 7. Accordingly, this Writ Petition is disposed of quashing WPC No. 7820 OF 2008 3 Ext.P7 and directing that on the petitioners remitting the entire amount that is due from them to the 1st respondent with interest and other charges, necessary steps will be taken by respondents 2 to 4 to return the property of the petitioners that has been sold in pursuance to Exts.P1 and P2. It is directed that the petitioner shall remit the amount as above to the 1st respondent and the Revenue Recovery charges and such other expenses shall be remitted to respondents 2 and 3. The above remittances shall be made within four weeks from today and necessary steps shall be taken for re-conveying the property to the petitioners. This shall be done immediately thereafter. ANTONY DOMINIC, JUDGE ttb WPC No. 7820 OF 2008 4