IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 27382 of 2007(I)
1. K.C.RAJAN, S/O. KUNNIYARA CHENNAN KUTTY,
... Petitioner
2. M.G.SADANANDAN, S/O. MOTHAYIL GOPALAN,
3. T.P.SALEEM, S/O. THRISHNATH
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE WELFARE FUND INSPECTOR,
3. THE TAHSILDAR (R.R.),
4. THE DEPUTY TAHSILDAR (R.R.),
For Petitioner :SRI.T.A.SHAJI
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :14/09/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 27382 OF 2007
====================
Dated this the 14th day of September, 2007
J U D G M E N T
Revenue recovery proceedings have been initiated
against the petitioner for realisation of the dues under the
Kerala Toddy Workers Welfare Fund Act. By dismissal of his
appeal as early as on 1/11/06, the proceedings under the
act have reached finality and that order was not challenged
in time. Now by Exts.P3 to P5, revenue recovery action has
been initiated and at this stage, the present writ petition has
been filed.
2. Though the petitioner has raised contentions on
the merits of the proceedings under the Act, I am not
inclined to entertain the same for the reason that the writ
petition in that respect is highly belated. The appellate
order was issued as early as on 1/11/06 and the petitioner
did not challenge the same. Therefore the petitioner cannot
challenge it at this distance of time.
WPC 27382/07
: 2 :
3. At this stage, counsel for the petitioner seeks
liberty for payment of the dues in instalments.
4. I heard the learned Government Pleader and also
the standing counsel for the respondents.
5. After hearing both sides, I dispose of this writ
petition directing that the amount due from the petitioner
will be permitted to be paid in 6 equal monthly instalments
commencing from 1st October 2007. The 2nd respondent will
inform the petitioner exact amount that is due and
thereupon payment will be made as above. It is also
clarified that if the petitioner commits default of any one of
the monthly instalments, respondents will be at liberty to
continue the revenue recovery action. If the amount is paid
as directed above, revenue recovery action will be kept
deferred for the whole period.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE.
Rp