IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 12TH NOVEMBER 2007 / 21ST KARTHIKA 1929 OP.No. 27123 of 1999(D) ----------------------- PETITIONER: ------------ M/S.SREECHAND FAMILY TRUST, KANNUR-670 001, (THE OWNER OF MODERN WOOD CRAFTS, TELLICHERRY) REP. BY ITS MANAGING TRUSTEE, K.SREEDHARAN. BY ADV. SRI.U.K.RAMAKRISHNAN SRI.P.V.LOHITHAKSHAN SRI.V.KRISHNA MENON RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY ITS CHIEF SECRETARY, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KANNUR. 3. THE TAHSILDAR, (REVENUE RECOVERY), TELLICHERRY. BY GOVERNMENT PLEADER SRI.V.TEKCHAND THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.45910/1999 IN O.P. NO.27123/1999 DISMISSED: 12.11.2007 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF SALE DEED DT.24.11.1982 EXECUTED IN FAVOUR OF THE PETITIOENR BY THE RECEIVER SRI.A.K.RAGHAVAN NAMBIAR, ADVOCATE. P2: TRUE COPY OF JUDGMENT DT.15.12.1993 OF THE HON'BLE HIGH COURT OF KERALA IN O.P. NO.7933/1993. P3: TRUE COPY OF LETTER DT.4.1.1999 SUBMITTED BY PETITIONER BEFORE R2. P4: TRUE COPY OF NOTICE DT.12.8.99 OF R3 DEMANDING AMOUNT OF RS.11,861.75. P4(a): TRUE COPY OF NOTICE DT.12.8.99 OF R3 DEMANDING AMOUNT OF RS.10,886.55. P4(b).DO. RS.376.50. P4(c): .DO. RS.237.50. P4(d): .DO. RS.3,239.65. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.27123 of 1999 .................................................................... Dated this the 12th day of November, 2007. JUDGMENT The petitioner is challenging recovery proceedings initiated against the property purchased by them through Ext.P1 sale deed. It is admitted in the counter affidavit that amount sought to be recovered is fine imposed by the Judicial First Class Magistrate for non-remittance of Provident Fund dues by M/s.Modern Wood Crafts, Dharmadam which was owned and managed by a company by name East India Veneers and Timbers Ltd. When the Provident Fund liability of the previous employer was sought to be enforced against the petitioner, petitioner filed O.P. No.7933/1993 in this court and vide Ext.P2 judgment this court declared that petitioner has no liability for the Provident Fund arrears of the previous employer. It is not known as to why the amount was not recovered from the company which was running the industry. If there was any charge on the property of the defaulter-company, respondents could have made claim before the Sub Court which authorised sale of the property through Receiver attached to it. Since the petitioner admittedly got the property free of any encumbrance and is not the defaulter, the fine imposed by the court cannot be recovered 2 from the petitioner. In the circumstances, O.P. is allowed quashing the impugned recovery notice issued against the petitioner. C.N.RAMACHANDRAN NAIR Judge pms