IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 29232 of 2005(E) -------------------------- PETITIONER: ------------ E.P.SASIKUMAR, S/O.PRABHAKARAN, AGED 38, ELAVUSSERIL MUTTAR MURI, MUTTAT VILLAGE, KUTTANAD TALUK, ALAPPUZHA. BY ADV. SRI.T.K.VENUGOPALAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY FOR REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. THE TAHSILDAR, KUTTANAD. 4. T.N.GOPINATHAN, ELAVUSSERIL MUTTAR, NOW RESIDING AT KANDIYUR, MAVELIKKARA. R1 TO R3 BY GOVERNMENT PLEADER SMT. SMITHA SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) FOR R4 SRI.A.R.DILEEP FOR R4 SMT.KAVITHA GANGADHARAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF LETTER DATED 9.7.1990 OF 2ND RESPONDENT DISTRICT COLLECTOR EXT.P2 TRUE COPY OF SALE NOTICE DATED 3.6.2005 ISSUED BY THIRD RESPONDENT. EXT.P3 TRUE COPY OF ORDER OF 3RD RESPONDENT DATED 24.8.2005 THIRD RESPONDENT'S EXHIBITS: EXT.R3(a) TRUE COPY OF THE NOTICE DATED 1.3.1988 OF TAHSILDAR, KUTTANAD. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO.29232 OF 2005 -------------------------------------------- Dated this the 28th day of July, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of Toddy Workers Welfare Fund contribution due from the 4th respondent. Even though defaulter's property was sold in recovery proceedings on 6.7.2005 and petitioner purchased the same and full payment of Rs. 2.89 lakhs was paid in two instalments, the Tahsildar cancelled the same on 24.8.2005 on the ground that there is a mistake in the identification of the extent of the property sold. It is seen from Ext.P3 that instead of selling six cents of land belonging to the defaulter, the Tahsildar sold 3.6 ares which includes the property of defaulter's wife. In view of the mistake committed by the Tahsildar, which he realised later, he cancelled the same and offered refund to the petitioner. Instead of taking refund, and asking for compensation, if any, for the mistake committed by the Tahsildar, petitioner contested the matter by filing this Writ Petition. Counsequently purchase price paid by the petitioner remained with the Government. In view of the 2 recovery proceedings which led to this Writ Petition, the defaulter has not settled liability. Once the sale was cancelled, it was the duty of the defaulter to clear the arrears, which he has not done. Moreover, when property was notified for sale, defaulter did not bring the mistake to the notice of the Tahsildar for him to make correction, which led to the improper sale of property. In the circumstances, W.P. is disposed of with the following directions. The defaulter, namely, the fourth respondent is directed to deposit the arrears of toddy workers welfare fund contribution with accrued interest and along with it DD for Rs. 15,000/- in favour of the petitioner towards cost payable to the petitioner and produce the receipt and DD before the Tahsildar before 15.9.2008. The Tahsildar will, on furnishing receipt towards settlement of liability from the Welfare Fund Inspector, release attachment on the property. The amount deposited by the petitioner will be refunded to him along with DD given by the defaulter. If the fourth respondent fails to produce receipt and DD as stated above before the Tahsildar, then Ext.P3 will stand cancelled and revenue sale of six cents belonging to the defaulter will stand confirmed in favour of the 3 petitioner. The Tahsildar after adjusting proportionate value of six cents from out of the amount deposited by the petitioner, will grant refund of the balance amount to the petitioner. The property of six cents of defaulter will also be earmarked and possession given to the petitioner on default by the fourth respondent. If any balance liability is due, it can be recovered from the defaulter. (C.N. RAMACHANDRAN NAIR) Judge kk 4