IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 21861 of 2011(G) -------------------------- PETITIONER(S): --------------- T.A.KANAKAMMA, AGED 64 YEARS, W/O.LOHIDHAKSHAN, ATHIYARATH HOUSE, P.O.POOPATHY, THRISSUR DISTRICT. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PALARIVATTOM, ERNAKULAM, KOCHI-25. 2. THE TAHSILDAR, TALUK OFFICE, KODUNGALLUR - 680664. 3. THE VILLAGE OFFICER, POYYA VILLAGE, THRISSUR DISTRICT - 680 733. ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD GOVERNMENT PLEADER SHRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 21861/2011 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE JUDGMENT IN W.P.(C).No. 36070/2009 OF THIS COURT. P2. COPY OF THE REVISION PETITION DTD.30.4.10. P3. COPY OF THE NOTICE DTD.20.7.10. P4. COPY OF THE ORDER DTD.4.10.10. P5. COPY OF THE REQUEST DTD.28.8.2010. P6. COPY OF THE INTIMATION DTD.17.3.2011. P7. COPY OF THE RECEIPT DTD.31.3.2011. P8. COPY OF THE LETTER DTD.25.9.2010. P9. COPY OF THE DETAILS OF VEHICLE, KL 7L 9144. P10. COPY OF THE DOCUMENT OF THE PROPERTY IN THE NAME OF SRI.LOHITHAKSHAN. P11. COPY OF THE ENCUMBRANCE CERTIFICATE. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 21861 of 2011 ================== Dated this the 2nd day of September, 2011 J U D G M E N T This writ petition has been coming up for admission on several days from 11.8.2011 onwards. Today when the matter was taken up, the learned counsel for the petitioner is not present. The learned standing counsel for the 1st respondent is present and argues the matter with the help of a statement filed. The contention of the petitioner in this writ petition is that although the petitioner had paid all amounts due from her under the Kerala Motor Transport Workers' Welfare Fund Act, revenue recovery proceedings are being continued. Therefore, the petitioner seeks the following relief: “Issue writ of mandamus or such other writ, order or direction directing respondents 2 and 3 to remove the petitioner's properties in Survey No.307/03 of Poyya Village from the list of properties agaisnt which proceedings are pending for recovery of government dues, within a time frame as this Honourable Court may deem fit and proper.” 2. A statement has been filed by the 1st respondent wherein it is categorically submitted that apart from the amounts already paid by the petitioner, the following amounts are still due from the petitioner as stated in paragraph 11 of the statement. “a) Rs. 54,307 as per FDO dated 3.1.2004 for the period 1990-92. b) Rs. 2768/- sa per FDO datd 19.3.2001 for the period 1996-99. c) Rs. 17339/- as per FDO dated 13.3.2001 for the period 1998-99 w.p.c.21861/11 2 d) Rs. 14,254/- as per FDO dated 19.3.2001 for the period 1999-00.” The learned standing counsel submits that the revenue recovery proceedings are for the said amounts. Although the statement was filed on 26.8.2011, the petitioner has not chosen to controvert the same by filing any reply. In view of the specific averment that other amounts are still due for further periods as stated in the statement, I do not think that the petitioner is entitled to the relief prayed for. Accordingly, the writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge