IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 3968 of 2006(V) ------------------------- PETITIONER: ----------------- T. SUDHEERKUMAR, AGED 38 YEARS, S/O. LATE T.VELAYUDHAN, THERAYIL HOUSE, P.O. GOVERNMENT ARTS COLLEGE, KOZHIKODE-18. BY ADVS. SRI.P.K.JOSE SRI.JOHNY CHERIAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, P.O. THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. 2. THE TAHSILDAR (R.R), P.O. KOZHIKODE, KOZHIKODE DISTRICT. *ADDL. R3. TODDY WORKERS WELFARE FUND INSPECTOR, KOZHIKODE. **ADDL.R4. K.C. BHASKARAN, S/O. CHATHU, KANDIRUTHI HOUSE, NAITHIATHU PARAMBA, P.O. PUTHIYARA, CALICUT - 4 *(ADDL. R3 IS IMPLEADED AS PER ORDER DATED 14.2.2006) **(ADDL. R4 IS IMPLEADED AS PER ORDER IN I.A. 67/2008 DATED 7.1.2008) BY GOVT. PLEADER SRI. L.G. SURESH FOR R1 & R2 ADVS. SRI.K.M.FIROZ FOR ADDL.R3 SRI.A.K. JOHN SMT.M.SHAJNA FOR ADDL.R3 SRI.K.D.BABU,SC,KTWWFB(TODDY WORKERS WE FOR R3R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 3968/2006 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 4.1.2005 ISSUED BY THE 2ND RESPONDENT TAHSILDAR. RESPONDENT'S EXHIBITS ANNEXURE A : TRUE COPY OF THE ORDER DATED 15.5.2002 PASSED BY THE HON'BLE COMMISSIONER FOR WORKMEN'S COMPENSATION, KOZHIKODE. ANNEXURE B : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER. ANNEXURE C : TRUE COPY OF THE NOTICE ISSUED BY THE TAHSILDAR (RR) /TRUE COPY/ P.A. TO JUDGE. vkm C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.3968 of 2006 --------------------------------- Dated, this the 19th day of September, 2008 J U D G M E N T Registry will include in the cause title, the address of the additional 4th respondent impleaded in the writ petition vide order dated 07/01/2008 in I.A.No.67/2008. 2. Petitioner is challenging recovery proceedings for recovery of arrears of toddy workers welfare fund dues amounting to Rs.1,07,964/- and interest thereon. Even though, petitioner has raised a contention that his father was the licencee to carry on the business, learned standing counsel appearing for the Toddy Workers Welfare Fund Board submitted that petitioner carried on business and final determination order was issued in his name. If petitioner has any grievance against the final determination order, it was for petitioner to collect the order and challenge the same in appeal. In the circumstances, challenge against recovery proceedings without challenging adjudication order is not entertained. 3. The additional 4th respondent has filed a counter WP(C) No.3968/2006 -2- affidavit stating that an amount of Rs.24,461/- is due from petitioner towards compensation awarded by the Commissioner for Workmen's Compensation vide the order produced in the Court. However, there is no challenge against recovery proceedings for recovery of compensation awarded by the Workmen's Compensation Commissioner. It is for the additional 4th respondent to request for recovery of the amount awarded by the Workmen's Compensation Commissioner and if any application is made, recovery will be authorised without any delay. Therefore, the writ petition is dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) jg