IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 20246 of 2006(I) -------------------------- PETITIONER: ------------ CYRIL BRITTO, PONPOZHIYIL HOUSE, CMC 3, CHERTHALA. BY ADV. SRI.ROY CHACKO SRI.JOBY CYRIAC SRI.P.S.GEORGE RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, ALAPPUZHA. 2. TAHSILDAR, CHERTHALA. 3. VILLAGE OFFICER, CHERTHALA. *4. DEPUTY TAHSILDAR (RR), CHERTHALA. *5. THE TODDY WORKERS WERLFARE FUND INSPECTOR, ALAPPUZHA. **6. GANGADHARAN JAYADEVAN, PUTHUVAL VELIYIL, KADAKKARAPPALLI VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. (*IMPLEADED AS ADDITIONAL 4TH & 5TH RESPONDENT IN THE WRIT PETITIONA S PER ORDER DATED 24/11/2006 IN I.A.NO.16183/06.) (**IMPLEADED AS ADDITIONAL 6TH RESPONDENT IN THE WRIT PETITION AS PER ORDER DATED 21/08/2007 IN THE WRIT PETITION) BY ADV. SRI.K.HARILAL, SC, KTWWF BOARD FOR R5 SRI.P.V.PAULSON FOR ADDL.R SRI.KOSHY GEORGE FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20246/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF JUDGMENT DATED 15/07/1993 IN O.S.NO.715/91 OF MUNSIFF COURT, CHERTHALA. P2 : COPY OF CERTIFICATE from the CIRCLE INSPECTOR, CHERTHALA RANGE. P3 : COPY OF COMMUNICATION DATED 20/02/1999 FROM THE TAHSILDAR, CHERTHALA. P4 : COPY OF REPRESENTATION DATED 03/02/2005. P5 : COPY OF JUDGMENT IN WPC NO.4298/06. P6 : COPY OF COMMUNICATION DATED 29/06/2006. P7 : COPY OF COMMUNICATION DATED 12/12/2005 SENT BY THE WELFARE FUND INSPECTOR, ALAPPUZHA. P8 : COPY OF APPLICATION DATED 31/10/2006 SUBMITTED BY THE PETITIOENR BEFORE THE DY.TAHSILDAR (RR) P9 : COPY OF LETTER DATED 04/12/1991 ADDRESSED TO THE INSPECTOR, TODDY WORKERS WELFARE FUND BOARD, ALAPPUZHA BY SHRI.GANGADHARAN JAYADEVAN. P10 : COPY OF THE CERTIFICATE DATED 23/02/1991 ISSUED BY THE CIRCLE EXCISE INSPECTOR OF CHERTHALA RANGE SHOWING THAT THE PETITIONER HAD NOTHING TO DO WITH TODDY SHOPS NOS.131 TO 133 IN GROUP NO.27 OF CHERTHALA RANGE. P11 : COPY OF COMMUNICATION DATED 03/09/1992 SENT BY SHRI.GANGADHARAN JAYADEVAN TO THE TODDY WORKERS WELFARE FUND BOARD. ANNEXURE A1 : COPY OF NOTICE DATED 13/05/2008 ISSUED BY THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL TO THE PETITIONER. RESPONDENT'S EXHIBITS ANNEXURE A1 : COPY OF LETTER DATED 04/12/1991 ADDRESSED TO THE INSPECTOR, TODDY WORKERS WELFARE FUND BOARD, ALAPPUZHA BY SHRI.GANGADHARAN JAYADEVAN. ANNEXURE A2 : COPY OF APPLICATION SENT BY GANGADHARAN JAYADEVAN TO THE TAHSILDAR, CHERTHALA DATED 03/09/1992. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 20246 of 2006 --------------------------------- Dated, this the 20th day of June, 2008 J U D G M E N T The writ petition is filed for a direction to the Tahsildar to receive the land tax from the petitioner and to issue receipt for the same. The Tahsildar stated that tax could be collected and receipts also will be issued subject to the condition that he will record petitioner's liability under the Toddy Workers Welfare Fund Act in the remarks column. It is against this observation petitioner has approached this Court. 2. Learned standing counsel appearing for the Toddy Workers Welfare Fund Board has referred to the decision of the Supreme Court in Toddy Workers W. F. Inspector Vs. Madhavan Nair, reported in 1990(1) KLT 662, and Full Bench decision of this Court in A.M.S.Mannadiar Vs. State of Kerala, reported in 1995(1) KLT 606 and contended that Ext.P1 decree passed by the Civil Court is a nullity and in these proceedings respondents can canvas declaration of the decree as invalid. Learned standing counsel has also produced true copies of the adjudication orders issued to petitioner by the Toddy Workers Welfare Fund Inspector. The position, therefore, is that while WP(C) No.20246/2006 -2- petitioner has obtained a civil court decree exonerating him from liability under the Toddy Workers Welfare Fund Act, respondents have a case that the adjudicating authority under the Toddy Workers Welfare Fund Act has issued adjudication order, which is not contested by petitioner in appeal, and consequently the same has become final. Therefore, irrespective of decree obtained by petitioner, respondents can proceed to recover Toddy Workers Welfare Fund contribution is the case of the respondents. Since Civil Court has not set aside the adjudication order, and since there is no injunction against final adjudication order petitioner has necessarily to get the adjudication order vacated or other wise recovery is permissible under the Act. Therefore, the observation of the Tahsildar is consistent with the demand raised by the statutory authority. I do not think there is any need for this Court to consider the correctness of Civil Court judgment or that of the adjudication order, because petitioner has a remedy by way of appeal against adjudication order. This writ petition is, accordingly, disposed of granting one month time to petitioner from today to file appeal/appeals against adjudication orders and if appeal is filed within one month along with copy of the judgment, the appellate WP(C) No.20246/2006 -3- authority will treat the appeal as filed in time and dispose of the same on merits. If appeal is filed by the petitioner as above within one month from now, the appellate authority is directed to dispose of the appeal within two months thereafter. The appellate authority can consider the rival claims of both the parties about the authority of the Civil Court in the matter. Petitioner will approach the Tahsildar depending on the order of the Government in the appeal to be filed by the petitioner as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg