IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WP(C).No. 4165 of 2009(U) ----------------------------------- PETITIONER(S): ------------------------ C.K. VIJAYAN, S/O. KUMARAN, CHERULLIL CHOURIYEDATH HOUSE, PULLUR VILLAGE, KODUNGALLUR. BY ADV. MR.M.C.JOHN RESPONDENT(S): -------------------------- 1. THE WELFARE FUND INSPECTOR, TODDY WORKERS' WELFARE FUND BOARD, THRISSUR. 2. THE TAHSILDAR, KODUNGALLUR. 3. THE TAHSILDAR (REVENUE RECOVERY), MUKUNDAPURAM TALUK, IRINJALAKUDA. 4. PADMAVATHY, W/O. SANKARANARAYANAN, PULICKAL HOUSE, PUTHENCHIRA.P.O, MUKUNDAPURAM, THIRUVANANTHAPURAM. R1 BY MR.RENIL ANTO, SC R2 TO R3 BY GOVT. PLEADER MR.BIJOY CHANDRAN R4 BY ADV. MR. P.K.SAJEEV THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.4165/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RECEIPTS ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE JUDGMENT DTD. 9.1.06 IN WPC. 18266/03. P3:- COPY OF THE NOTICE NO.D5-13529/98/TWWF DTD. 1.12.08. P4:- COPY OF THE RECEIPTS ISSUED BY THE 2ND RESPONDENT. P5:- COPY OF THE RE- SALE NOTICE NO.D5-13529/98/TWWF DTD. 22.10.09. TRUE COPY P.S. TO JUDGE tss C.K.ABDUL REHIM,J. ------------------------------- WPC.NO. 4165 of 2009 --------------------------------- Dated this the 16th day of November, 2009 JUDGMENT Petitioner is approaching this court aggrieved by the coercive steps of revenue recovery initiated for realisation of amounts due to the toddy workers welfare fund. Eventhough various contentions are raised in this writ petition, learned counsel for the petitioner conceded that the petitioner is limiting the relief to the extent of permitting payment of the balance outstanding in instalments, within a reasonable time. 2. Learned Standing counsel appearing for the first respondent submitted that out of the total arrears of about Rs.25 lakhs, the petitioner had effected payment of an amount of Rs.16.5 lakhs. It is submitted that the balance outstanding at present is about Rs.9.25 lakhs. According to the petitioner, the 4th respondent is also jointly liable for payment of the amount. However in order to avoid coercive proceedings against the immovable property belonging to the petitioner, he is ready to pay off the liability, without prejudice to his right to recover due WPC.4165/2009 2 share from the 4th respondent. 3. Having considered facts and circumstances of the case, I am of the opinion that some indulgence can be shown in permitting the petitioner to pay off the entire liability in instalments. 4. Accordingly the respondents are directed to keep in abeyance all further steps of recovery initiated pursuant to Exts.P3 and P5 notices in abeyance, if the petitioner remits the balance outstanding as on today in 6 equal monthly instalments, falling due on or before 15.12.2009 and on or before the 15th day of the succeeding months. It is made clear that the petitioner will be liable for payment of interest or expenses accrued in future along with the last payment of such instalment. 3. It is further made clear that on the event of default in payment of any of the instalments as stipulated above, respondents will be free to proceed with further steps of recovery pursuant to the notices already issued, and on such event the petitioner will be precluded from raising any subsequent challenge against such proceedings either before this court or before any other forum. C.K.ABDUL REHIM,JUDGE pmn/ WPC.4165/2009 3