IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 34426 of 2006(W) ------------------------------------- PETITIONER(S): ----------------------- SALAHUDDIN, AGED 33 YEARS, S/O.BHASHARUDDIN, PAZHAMPULLY CHIRA HOUSE, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.K.MOHAMMED RAVUF RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE TAHSILDAR (RR), MUKUNDAPURAM. 3. THE VILLAGE OFFICER, VADAMAVILLAGE, THRISSUR DISTRICT. 4. K.K.THOMAS, S/O.KOCHUVARGHESE, KALAPPURAKKAL HOUSE, VADAMA VILLAGE, MALA, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY GOVERNMENT PLEADER SMT. K.R. DEEPA FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34426 of 2006(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF DOCUMENT NO. 1703/87 OF SRO MALA. EXT.P2 - TRUE COPY OF DOCUMENT NO. 1704 OF 87 OF SRO MALA. EXT.P3 - TRUE COPY OF THE ENCUMBRANCE CERTIFICATE. EXT.P4 - TRUE COPY OF THE DEATH CERTIFICATE. EXT.P5 - TRUE COPY OF REVENUE RECOVERY NOTICE. EXT.P6 - TRUE COPY OF THE ENCUMBRANCE CERTIFICATE. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No. 34426 of 2006 ================== Dated this the 24th day of November, 2008. J U D G M E N T The petitioner purchased certain properties from the 4th respondent as per Exts.P1 and P2 documents. The petitioner's grievance in this writ petition is that, that property is now being proceeded against under the Revenue Recovery Act for recovery of Abkari dues due from the 4th respondent - the State. The petitioner therefore seeks the following reliefs: “(i) To call for the records leading to Exhibit P5, proceedings and to issue a writ of certiorari or any other appropriate writ, order or direction quashing the same, proceeds against the properties covered by Exhibit P5, P1 and P2. (ii) To declare that the petitioner and others have perfected their title over the properties covered by Exhibit P1 and P2 documents and to further declare that the properties cannot be proceeded against for any dues from respondent No.4. (iii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to proceed against the 4th respondent and his properties for the recovery of any dues covered by Exhibits P1 and P2.” 2. This court had by order dated 19.9.2008 passed the following order in this writ petition. “Since the liability is said to be abkari dues, due to Government of Tamil Nadu from the 4th respondent, which is not disputed by him, even after receipt of notice, there will be W.P(C)No. 34426 of 2006 - 2 - interim direction to respondents 1 to 3 to proceed and recover the arrears by attachment and sale of 4th respondent's property and file compliance report in this court within two months from now. Government Pleader will forward a copy of this order to first respondent for filing compliance report in this court.” 3. A report has been filed by the 2nd respondent wherein it has been stated that pursuant to the interim order, an amount of Rs. 1 lakh has been recovered from the 4th respondent on 23.10.2008 an another amount of Rs. 8 lakhs has been recovered on 17.11.2008, which would cover the entire amounts due as per the Revenue Recovery requisition. That being so, it is not necessary to proceed further with the proceedings against the petitioner. Accordingly, the writ petition is allowed and it is declared that the property now in the hands of the petitioner as per Exts.P1 and P2 are not liable to be proceeded against. In view of the recovery of all amounts due from the 4th respondent, no other proceedings shall be initiated against the petitioner in respect of the amounts allegedly due from the 4th respondent. S.SIRI JAGAN, JUDGE rhs