IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 749 of 2007(L)
1. N. MOHAN DAS,
... Petitioner
Vs
1. THE WELFARE FUND INSPECTOR,
... Respondent
2. THE DISTRICT COLLECTOR, ALAPPUZHA.
3. THE TAHSILDAR,
4. THE VILLAGE OFFICER,
For Petitioner :SRI.K.K.BABU
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :23/02/2007
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J
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W.P(C).Nos.749 & 6094 OF 2007
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Dated this the 23rd day of February, 2007
JUDGMENT
It is not disputed that these writ petitions were preceded by
at least 8 or 9 writ petitions, which are mentioned in the
statement filed on behalf of the first respondent, Welfare Fund
Inspector under the Toddy Workers Welfare Fund Act. It is also
not disputed that amounts are due. The stand taken by the
petitioner is that there are 33 persons who involved and
proceeded against for recovery and that there is no proper
statement of accounts issued by the Welfare Fund Inspector.
The petitioner has no complaint about the total amounts that is
due to the fund. If there is any amount which has been paid by
any other person who would be liable along with the petitioner,
it is for the petitioner to point out to the Welfare Fund Inspector
regarding such remittances, who will give credit to such
payments. This need not deter the impugned sale proceedings
which are now to recover nearly one crore rupees. Therefore,
WPC.Nos.749/07
& 6094/07
Page numbers
while allowing the authorities to proceed with recovery action by
conducting the impugned sale, if the petitioner or any other
person involved in the proceedings furnishes appropriate
evidence to show that they have made any payments, that will be
given due credit while the said accounts are finally settled in
view of the recovery.
The writ petition is disposed of with the above directions.
THOTTATHIL B.RADHAKRISHNAN
Judge
kkb.