IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 7464 of 2011(G) --------------------------------------- PETITIONER(S): ----------------------- M. MUHAMMED, AGED 38 YEARS, S/O.M. SAIDHALAVI, MULLASHERIYAKTH HOUSE, ONAKKAD P.O., OZHUR, (VIA) TANALUR, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.NIRMAL. S RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM, PIN-676 001. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY, TIRUR, PIN-676 001. 3. THE CHAIRMAN, KERALA HEAD LOAD WORKERS WELFARE BOARD, MALAPPURAM DISTRICT COMMITTEE, TANUR SUB OFFICE, E.P.M.COMPLEX, TANUR, PIN-676 001. R1 & R2 BY GOVT. PLEADER MR.BIJOY CHANDRAN. R3 BY ADV. SRI.KOSHY GEORGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.7464 of 2011 ------------------------------------------- Dated this the 16th day of March, 2011 J U D G M E N T ---------------------- Challenge in this writ petition is against the revenue recovery steps initiated pursuant to Ext.P3 notice, which was issued against the deceased father of the petitioner. The amount sought to be recovered pertains to arrears of contributions due to the Head Load Workers Welfare Fund Board constituted under the scheme formulated thereunder. The deceased father of the petitioner was running an establishment under the name and style “M.S. Vegetables” and it is alleged that a sum of Rs.58,161/- was in arrears to the 3rd respondent. 2. Contention of the petitioner is that the coercive steps of recovery was initiated without issuing any notice to the legal heirs of the deceased defaulter. Further contention is that the deceased father of the petitioner was W.P.(C).7464/11 -2- regularly paying all the amounts due to the 3rd respondent. It is the specific case that the alleged arrears occurred only because a staff of the 3rd respondent's office who had collected the amounts from the deceased father had misappropriated the same. In this regard the petitioner had submitted Ext.P2 representation before the 1st respondent to make an enquiry about the alleged misappropriation and also seeking direction against the 3rd respondent to refrain from taking any coercive steps of recovery against the petitioner. 3. Heard ; learned standing counsel appearing for the 3rd respondent. It is conceded that, before initiating the revenue recovery steps no notice was issued to the legal heirs. However, it is submitted that the petitioner had also filed representations before the 3rd respondent raising objection against correctness of the amount due, on the basis of the contention regarding misappropriation as stated above. W.P.(C).7464/11 -3- 4. Under the above circumstances, I am of the view that a detailed examination of the objections raised by the petitioner is necessary before proceeding with the coercive steps of recovery. Interest of justice will be served if the 3rd respondent is directed to conduct an enquiry into the matter with opportunity afforded to the petitioner and to take a decision with respect to the liability. 5. In the result the writ petition is disposed of directing the 3rd respondent to consider Ext.P2 representation, a copy of which will be made available by the petitioner to the 3rd respondent, and to take a decision regarding the liability. Needless to say that the petitioner shall be afforded with an opportunity of personal hearing and also opportunity to produce documents, if any, in support of his claims. A decision in this regard shall be taken as early as possible, at any rate within a period of two months from the date of receipt of a copy of this Judgment. W.P.(C).7464/11 -4- 6. Till such time the 3rd respondent takes a decision as directed above, recovery of any amounts from the petitioner pursuant to Ext.P3, shall be kept in abeyance. C.K.ABDUL REHIM, JUDGE. okb