IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 12806 of 2002(Y)
1. LORD KRISHNA BANK LTD.,
... Petitioner
Vs
1. THE TAHASILDAR, KODUNGALLUR TALUK.
... Respondent
2. C.K. VIJAYAN, S/O. CHERROLIL
For Petitioner :SRI.GEORGE VARGHESE (MANACHIRACKEL)
For Respondent :SRI.M.C.JOHN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :29/02/2008
O R D E R
C.N. RAMACHANDRAN NAIR, J.
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O.P. NO. 12806 OF 2002
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Dated this the 29th day of February, 2008
JUDGMENT
O.P. is filed challenging revenue recovery proceedings for
recovery of arrears of toddy workers welfare fund contribution due
from the defaulter who has borrowed funds from the petitioner by
mortgaging the property. Even though State has priority in recovery
proceedings, the contention of the petitioner is that there is no statutory
charge on the property of defaulter under the Toddy Workers Welfare
Fund Act. I do not think there is any need for this Court to consider the
claim because recovery authorities can consider petitioner’s claim under
mortgage in a claim petition to be filed by the petitioner under Section
46 of the RR Act. O.P. is accordingly disposed of directing the
respondents to consider petitioner’s claim and verify whether there is
charge over the defaulter’s property for recovery of toddy workers
welfare fund contribution by reference to the statutory provisions of the
Toddy Workers Welfare Fund Act. Respondents are directed to take a
decision on the claim petition to be filed by the petitioner before
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proceeding for sale of the property. If there is no priority for toddy
workers welfare fund dues, and if defaulter is not in any arrears due to
Government, then the Tahsildar lift the attachment and release the
property to the petitioner to proceed in recovery proceedings.
(C.N. RAMACHANDRAN NAIR)
Judge
kk
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