Kerala High Court
George @ Saji vs The District Collector on 11 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WP(C) NO. 14472 OF 2021
PETITIONER/S:
GEORGE @ SAJI
AGED 51 YEARS
S/O.VARKEY, PUTHETTU HOUSE, THANKAMANY P.O., THANKAMANI
KARA, IDUKKI TALUK, IDUKKI DISTRICT.
BY ADV BIJU .C. ABRAHAM
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
COLLECTORATE, PAINAV P.O., IDUKKI DISTRICT - 685 603.
2 THE VILLAGE OFFICER
THANKAMANI VILLAGE, IDUKKI DISTRICT -685 609.
3 E.J.JOHNY
ILLICKAL HOUSE, MARIYAPURAM P.O., CHERUTHONI, IDUKKI -
685 602.
4 SAJAN
PRAVITHUMALAYIL HOUSE, VENGALLOOR P.O., THODUPUZHA -
685 584.
5 ADDL. THE EMPLOYEES COMPENSATION COMMISSIONER
PEERMADE, IDUKKI IS SUO MOTU IMPLEADED AS PER ORDER
DATED 11/08/2021 IN WP(C) 14472/2021
OTHER PRESENT:
SRI.B.UNNIKRISHNA KAIMAL , SR.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Writ Appeal No.940/2021 & W.P(C) No.14472/2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WA NO. 940 OF 2021
AGAINST THE ORDER/JUDGMENT IN WP(C) 14472/2021 OF HIGH COURT OF
KERALA, ERNAKULAM
APPELLANT/S:
GEORGE @ SAJI
AGED 51 YEARS
S/O. VARKEY, PUTHETTU HOUSE, THANKAMANY PO, THANKAMANI
KARA, IDUKKI TALUK, IDUKKI DISTRICT.
BY ADV BIJU .C. ABRAHAM
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
COLLECTORATE, PAINAV PO, IDUKKI DISTRICT-685 603.
2 THE VILLAGE OFFICER
THANKAMANI VILLAGE, IDUKKI DISTRICT-685 609.
3 E.J.JOHNY
ILLICKAL HOUSE, MARIYAPURAM PO, CHERUTHONI, IDUKKI-685
602.
4 SAJAN
PRAVITHUMALAYIL HOUSE, VENGALLOOR PO, THODUPUZHA-685
584.
ADDL.R5 IMPLEADED.
5 THE EMPLOYEES COMPENSATION COMMISSIONER
THE EMPLOYEES COMPENSATION COMMISSIONER,
INDUSTRIAL TRIBUNAL COURT,IDUKKI,PEERMADE-685501.
IS IMPLEADED AS ADDITIONAL 5TH RESPONDENT AS PER THE
ORDER DTD.11.08.21
IN I.A.NO.3/2021 IN W.A.NO.940/2021.
OTHER PRESENT:
SRI.B.UNNIKRISHNA KAIMAL, SR.GOVT.PLEADER
Writ Appeal No.940/2021 & W.P(C) No.14472/2021
3
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Writ Appeal No.940/2021 & W.P(C) No.14472/2021
4
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
============================================
Writ Appeal No.940/2021
(Arising out of the judgment in W.P.(C)No.14472/2021 dated 20.7.2021)
&
W.P.(C)No.14472/2021
=============================================
Dated this the 11th day of August, 2021
JUDGMENT
Alexander Thomas, J.
The above Writ Appeal arises out of the impugned interim order
dated 20.7.2021 rendered by the learned Single Judge in W.P.(C) in
14472/2021, whereby the plea made by the petitioner for grant of
interim stay of the operation of Ext.P1 revenue recovery proceedings
in pursuance of impugned ex parte award passed by the Employees
Compensation Commissioner has been refused.
2. Both sides submitted that in view of the nature of the orders
proposed to be passed in this matter, the main Writ Petition may also
be disposed of along with the Writ Appeal.
3. The petitioner is essentially aggrieved by Ext.P1 revenue
recovery proceedings initiated for recovery of the amounts in
pursuance of Ext.P2 impugned ex parte award dated 28.10.2016
rendered by the 5th respondent-Employees Compensation
Commissioner, Peerumed, Idukki. To challenge the impugned Ext.P2
Writ Appeal No.940/2021 & W.P(C) No.14472/2021
ex parte award, the petitioner herein has filed petition dated
12.7.2021 before the 5th respondent-Employees' Compensation
Commissioner to set aside the impugned Ext.P2 ex parte award (the
said application to set aside the ex parte award has been produced as
Annexure A1 in the above Writ Appeal). Along with Annexure A1
petition to set aside the Ext.P2 ex parte award, the petitioner has also
filed Ext.P4 application dated 6.7.2021, application for condoning the
delay in filing the application to set aside Ext.P2 ex parte award and
has also filed application for stay of operation and enforcement of
Ext.P2 ex parte award. (Annexure A2 produced in this Writ Appeal is
the copy of the stay application to set aside the ex parte award). Now
revenue recovery proceedings has been initiated in terms of Ext.P1, in
pursuance of Ext.P2 ex parte award.
4. Heard Sri.Biju C Abraham, learned Counsel appearing for the
petitioner in the Writ Petition/appellant in the Writ Appeal,
Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader
appearing for all the official respondents. Though R3 has been duly
served in the appeal, there is no appearance for that party. Notice sent
by special messenger to R4 returned as he is out of station. In the
nature of orders proposed to be passed by this Court in these matters,
Writ Appeal No.940/2021 & W.P(C) No.14472/2021
notice to contesting respondent No.4 will stand dispensed with.
5. Without getting the merits of the matter in any manner, it is
ordered that the 5th respondent Employees' Compensation
Commissioner may take up for consideration Ext.P4 application to
condone the delay in filing the application to set aside the impugned
ex parte award and also Annexure A2 application for stay filed in the
said application to set aside the ex parte award for consideration
without much delay and after affording reasonable opportunity of
being heard to the petitioner herein as well as respondents 3 and 4
herein, will pass orders on the said delay condonation application as
well as the stay application without much delay prefereably within a
period of two months from the date of production of certified copy of
this judgment. Until orders are thus passed by the Employees'
Compensation Commissioner on Ext.P4 delay condonation
application and Annexure A2 stay application, further coercive steps,
in pursuance of the impugned Ext.P1 revenue recovery proceedings
shall be kept in abeyance.
6. The learned Senior Government Pleader is requested to convey
these directions to the official respondents as well as to notified
revenue recovery officers in relation to Ext.P1. We have issued these
Writ Appeal No.940/2021 & W.P(C) No.14472/2021
directions without getting to the merits of the controversy in any
manner and solely for the preservation of the lis. With these
observation and directions the above writ petition will stand disposed
of.
Since the main writ petition itself has been disposed of and as the
writ appeal arising out of the interim order, no other orders are called
for in the writ appeal and the writ appeal will also stands disposed of.
sd/
ALEXANDER THOMAS, JUDGE
sd/
A. BADHARUDEEN, JUDGE
jm/
Writ Appeal No.940/2021 & W.P(C) No.14472/2021
APPENDIX OF WP(C) 14472/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REVENUE RECOVERY NOTICE
DATED 23/10/2019 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P2 TRUE COPY OF THE ORDER DATED 28/10/2016 IN
E.C.C.NO.181/2014 (WCC NO.53/2011) PASSED BY
THE COURT OF THE EMPLOYEES COMPENSATION
COMMISSIONER, IDUKKI.
Exhibit P3 TRUE COPY OF THE ORDER DATED 8/2/2019 IN EP
NO.8/2017 IN E.C.C.NO.181/2014.
Exhibit P4 TRUE COPY OF THE PETITION DATED 13/7/2021
FILED BY THE PETITIONER BEARING
M.P.NO.88/2021 IN E.C.C.NO.181/2014.
