Khadeeja vs The District Collector
2022 Latest Caselaw 3934 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                        WP(C) NO. 12254 OF 2022
PETITIONER:

          KHADEEJA
          AGED 62 YEARS
          W/O LATE MOHAMMED YOUSEPH,
          VELIPARAMBIL HOUSE,NOW RESIDING AT PUTHUVAL HOUSE,
          ROSAPOOKANDAM, KUMILY - 685 509
          BY ADVS.
          C.S.MANILAL
          S.NIDHEESH


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          ERNAKULAM, CIVIL STATION, KAKKANAD,
          ERNAKULAM - 682 025
    2     THOMAS, VELLILANGAL HOUSE, KAVANAKKARA, VAZHAKKULAM
          P.O., ERNAKULAM - 686 670
          BY ADVS.
          SRI.JUSTIN JACOB, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12254 OF 2022

                                2



               P.V.KUNHIKRISHNAN, J
             -------------------------------
             W.P.(C)No. 12254 of 2022
            --------------------------------
         Dated this the 5th day of April, 2022

                           JUDGMENT

The above writ petition is filed with the following prayers:

"(1) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1 st respondent to realise the amount due as per Ext-P1 award/order by Revenue Recovery Proceedings based on Ext-P2 requisition within a time frame to be fixed by this Hon'ble Court.

(2) Issue a writ of mandamus or any other writ, order or direction directing the 1st respondent to complete the Revenue Recovery proceedings as evidenced by Ext-P2 expeditiously.

(3) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the interest of justice."[SIC]

2. Ext.P1 is an order passed by the Employees

Compensation Commissioner, Idukki. As per Ext.P1

order, the Commissioner directed the 2nd opposite WP(C) NO. 12254 OF 2022

party in Ext.P1 to pay certain amount. Based on

Ext.P1, Ext.P2 requisition was send by the Labour

court. The grievance of the petitioner is that the

authority concerned is not proceeding with the

recovery.

3. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader for the

1st respondent. The manner in which this writ petition

is going to be disposed, no notice need to be issued to

the 2nd respondent. If the 2nd respondent is aggrieved

by any directions issued in this judgment, he is free to

file a review petition before this Court.

4. The counsel for the petitioner reiterated his

contentions in the writ petition. The learned

Government Pleader submitted that, if there is no

interim order or any order varying Ext.P1 order, the

authorities concerned will do the needful in accordance

to law.

WP(C) NO. 12254 OF 2022

5. In the light of the above submission, I think

this writ petition can be disposed of directing the

revenue recovery authorities to proceed with the

recovery in accordance to law forth with on condition

that Ext.P1 order became final.

Therefore, this writ petition is disposed of in the

following manner:

i. The 1st respondent is directed to proceed with

revenue recovery proceedings based on Ext.P2, as

expeditiously as possible on condition that Ext.P1

became final.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM WP(C) NO. 12254 OF 2022

APPENDIX OF WP(C) 12254/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER OF THE WORKMEN COMPENSATION COMMISSIONER DATED 17/10/2019 IN E.C.CNO.179/14[W.CC 49 - 2011]. EXHIBIT P2 TRUE COPY OF THE REQISITION IN FORM 24 DATED 21/10/2020.

RESPONDENTS EXHIBITS :NIL

//TRUE COPY//

PA TO JUDGE