Rahul vs The District Collector
2021 Latest Caselaw 10586 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       WP(C).No.8251 OF 2021(F)


PETITIONER:

               RAHUL
               AGED 30 YEARS
               S/O. RAVEENDRAN, COLONY NO.50, MAMPUZHAKARRY,
               RAMANKARRI P. O., KUTTANAD TALUK, ALAPPUZHA.

               BY ADVS.
               SRI.DARSAN SOMANATH
               SHRI.RAFEEZ NOOH

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               COLLECTORATE, CIVIL STATION, ALAPPUZHA, PIN - 688001.

      2        TAHASILDAR (REVENUE RECOVERY)
               OFFICE OF TAHASILDAR (REVENUE RECOVERY), ALAPPUZHA,
               PIN - 689101.

      3        DISTRICT TODDY WELFARE FUND INSPECTOR
               THE KERALA TODDY WORKERS WELFARE FUND BOARD, OFFICE
               OF THE WELFARE FUND INSPECTOR, ALAPPUZHA, PIN -
               688012.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8251 OF 2021(F)

                                  2

                            JUDGMENT

Dated this the 29th day of March 2021

Heard the learned counsel for the petitioner.

2. Learned Government Pleader takes notice for

respondent Nos. 1 and 2. The learned standing counsel takes

notice for the 3rd respondent.

3. The learned counsel for the petitioner submits that the

petitioner is not disputing the amount claimed as Welfare Fund, as

per provisions of Kerala Toddy Workers Welfare Fund Act by the 3 rd

respondent Board and the petitioner is ready and willing to pay the

amount as claimed by the Revenue Recovery notice at Ext.P1 in

eight instalments.

4. The learned standing counsel appearing for the 3rd

respondent submits that the 3rd respondent is ready and willing to

grant eight instalments to the petitioner for payment of the amount

as claimed by the Kerala Toddy Workers Welfare Fund Board vide

communication at Ext.P1.

5. In this view of the matter, the petitioner is permitted to

clear the arrears of Kerala Toddy Workers Welfare Fund in eight

equated successive monthly instalments from 05.04.2021.

However, it is clarified that nothing in this judgment shall be WP(C).No.8251 OF 2021(F)

construed as permission to the petitioner to participate in the

further auction which may be held in future, without following the

provisions of relevant law regarding the pre-deposit of arrears. If

the petitioner pays instalments regularly as directed by this Court,

then the coercive action initiated by Revenue Recovery proceedings

be deferred. Needless to mention that a single default as directed

by this Court shall entail the respondents to continue with the

coercive action of revenue recovery proceedings.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.8251 OF 2021(F)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REQUISITION ISSUED UNDER SECTION 69(2) OF KERALA REVENUE RECOVERY ACT, 1968 TO VIDE REG. NO.2021/557/04 DATED 20.02.2021 TO RECOVER RS.2,98,089/- ON ACCOUNT OF PF ARREARS OF TODDY WORKERS.