IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 30687 of 2005(C) -------------------------- PETITIONER: ------------ G.PURUSHOTHMAN PILLAI,S/O.GOVINDA PILLAI VRINDAVANAM, KIZHAKEE MURI, PUNNALA VILLAGE PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SMT.MEREENA JOSEPH SMT.M.M.POORNIMA RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 2. THE TAHSILDAR (RR), TALUK OFFICE, PATHANAPURAM, PUNALUR. 3. THE TAHSILDAR(RR), TALUK OFFICE, KOLLAM, KOLLAM DISTRICT. 4. D/ASHOKAN, S/O.DIVAKARAN, CHENNIKKALIL VEEDU, VALATHUNGAL CHERRY, ERAVIPUAM VILLAGE, VALATHUNGAL P.O. KOLLAM. 5. G.DIVAKARAN, CHENNIKALLI VEEDU, VALATHUNGAL CHERRY, ERAVIPURAM VILLAGE, VALATHUNAL P.O. KOLLAM. 6. VASANTHAKUMARI, W/O.LATE B.SASIDHARAN, VALLYKATTUVILA, ASWATHY MANDIRAM, THAZHAM, MEENADU VILLAGE, CHATHANOOR P.O. KOLLAM. 7. SREEKUMAR, S/O.LATE B.SASIDHARAN, VALIYAKATTUVILA, ASWATHY MANDIRAM, THAZHAM MEENADU VILLAGE, CHATHANOOR P.O. KOLLAM. 8. SREE RAJ, S/O.LATE B.SASIDHARAN, VALIYAKATTUVILA, ASWATHY MANDIRAM THAZHAM, MEENADU VILLAGE, CHATHANOOR P.O. KOLLAM. WPC NO.30687/2005 9. SREENATH, S/O.LATE B. SASIDHARAN, VALIYAKATTUVILA, ASWATHY MANDIRAM, THAZHAM, MEENADU VILLAGE, CHATHANOOR P.O. KOLLAM. 10. SREELEKSHMI, D/O.LATE B. SASIDHARAN, VALIYAKATTUVILA ASWATHY MANDIRAM, THAZHAM, MEENADU VILLAGE, CHATHANOOR P.O. KOLLAM. BY ADV. SRI.A.N.RAJAN BABU FOR R6TO10 SMT.SMITHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/06/2008 , THE COURT ON 05/06/2008 DELIVERED THE FOLLOWING: WPC NO.30687/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE NOTICE NO.T4-5735/97 DATED 15/04/98 ISSUED BY ASSISTANT EXCISE COMMISSIONER, THIRUVANANTHAPURAM. P2 : COPY OF STATEMENT OF THE AMOUNT ISSUED BY R3. P3 : COPY OF DEMAND NOTICE DATED 18/07/01 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT ISSUED BY R2. P3(a) : COPY OF DEMAND NOTICE DATED 18/07/01 UNDER SECTION 34 OF THE RR ACT ISSUED BY R2. P4 : COPY OF NOTICE DATED NIL ISSUED BY R2 TO PETITIONER. P5 : COPY OF ORDER DATED 21/11/2003 ISSUED BY LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM TO PETITIONER. P6 : COPY OF THE JUDGMENT IN WPC NO.9413/04 DATED 29/03/2004 OF THIS HONOURABLE COURT. P7 : COPY OF ORDER DATED 15/10/2005 ISSUED BY R1 TO PETITIONER. P8 : COPY OF DD OBTAINED FROM THE FEDERAL BANK, PUNALUR BRANCH DATED 26/11/05 IN FAVOUR OF THE R2. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 30687 of 2005 --------------------------------- Dated, this the 5th day of June, 2008 J U D G M E N T Petitioner's grievance is that respondents 4 to 10, who are joint licensees, are not proceeded against for recovery of abkari arrears and petitioner alone is proceeded against for recovery. Petitioner has made payment of Rs.3 lakhs in terms of interim orders of this Court. Learned Government Pleader reported that recovery is continued against respondents 4 to 10. The fact that defaulters are living under jurisdiction of different Tahsildars should not disable them from recovery. It is for the District Collector to oversee recovery proceedings and ensure that full arrears are recovered. This writ petition is, therefore, disposed of directing 1st respondent to take immediate steps for recovery of arrears from all the defaulters, namely respondents 4 to 10. Petitioner can help the recovery authorities by furnishing details such as address, properties of the defaulters, etc. There will be direction to 1st respondent to complete the recovery proceedings against respondents 4 to 10 within a period of three months from now. However, if petitioner is jointly and severally liable and if there is any shortage in recovery, balance WP(C) No.30687/2005 -2- should be recovered from petitioner, which arises, only if there is any amount left from other defaulters after recovery. (C.N.RAMACHANDRAN NAIR, JUDGE) jg