Rajesh Manian vs The District Collector
2023 Latest Caselaw 1793 Ker

WP(C) NO. 2817 OF 2023               1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                          WP(C) NO. 2817 OF 2023
PETITIONER:

             RAJESH MANIAN
             AGED 53 YEARS
             S/O DEVADASAN NADAR, DEVADASA VILASOM,
             KEEZHIYIKONAM, VENJARAMOODU P.O., NELLANAD,
             THIRUVANANTHAPURAM, PIN - 695607

             BY ADV LATHEESH SEBASTIAN


RESPONDENTS:

     1      THE DISTRICT COLLECTOR
            CIVIL STATION, KUDAPPANAKKUNNU,
            THIRUVANANTHAPURAM, PIN - 695043

     2      DEPUTY TAHASILDAR (R.R)
            TALUK OFFICE, NEDUMANGAD TALUK, REVENUE TOWER,
            NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695541

     3      VILLAGE OFFICER
            NELLANAD VILLAGE, VENJARAMOODU, THIRUVANANTHAPURAM,
            PIN - 6956070

     4      INDUSTRIAL TRIBUNAL
            DLC COURT HALL,THOZHIL BHAVAN,VIKAS BHAVAN P.O,
            THIRUVANANTHAPURAM, PIN - 695033



             SMT AMMINIKUTTY SR GOVERNMENT PLEADER


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.02.2023,    THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 2817 OF 2023              2




                                JUDGMENT

The petitioner herein is the respondent/management in WCC

No.12/2004 on the file of the Industrial Tribunal, Thiruvananthapuram.

2. The petitioner was a quarry owner. While running the quarry,

an untoward incident took place, which led to the death of an employee.

The legal representatives of the deceased preferred a claim petition, and an

award was passed, as per which the petitioner was ordered to pay a sum of

Rs.2,16,363/- to the claimants. According to the petitioner, revenue

recovery proceedings have now been initiated by the 2nd respondent for

realizing the amounts. On being served with the notice issued under Section

34 of the Revenue Recovery Act, the petitioner approached the Upa

Lokayukta and filed a complaint seeking an installment facility. However,

finding that the petitioner has not made out any sustainable grounds, the

complaint lodged by the petitioner was rejected. It is in the above backdrop

that the petitioner is before this Court, seeking to quash Exts. P1 and P2

and also to grant installment facility for the amounts covered under the

demand notice.

3. Sri. Latheesh Sebastian, the learned counsel, asserted that the

limited request of the petitioner is for the grant of some indulgence to the

petitioner and to permit him to pay the defaulted amount in installments.

4. The learned Government Pleader points out that the legal

representatives had secured an award in a Claim Petition filed in the year

2004. It is further submitted that the petitioner has not impleaded the legal

representatives as parties to the instant proceedings. Even the award

passed in WCC No.12/2004 has not been produced before this Court. Any

indulgence granted to the petitioner, who admittedly was a quarry owner,

will only frustrate the right of the claimants to receive the fruits of the

award, submits the learned Government Pleader.

5. Having considered the submissions and also the pendency of

the proceedings for several decades, I am of the considered opinion that the

petitioner has not made any grounds either to interfere with the notices

issued under the Revenue Recovery Act or to grant installments. The

petitioner has not even arrayed the legal representatives of the deceased

workman as respondents.

This writ petition will stand dismissed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 2817/2023

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE NOTICE OF THE 2ND RESPONDENT UNDER SECTION 34 OF THE R.R ACT DATED 15.11.2022

Exhibit P2 TRUE COPY OF THE NOTICE OF THE 2ND RESPONDENT UNDER SECTION 7 OF THE R.R ACT DATED 15.11.2022

Exhibit P3 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER SUBMITTED BEFORE THE HON'BLE MINISTER FOR REVENUE DATED 02.12.2022

Exhibit P4 TRUE COPY OF THE ORDER OF THE HON'BLE UPA LOK AYUKTA, THIRUVANANTHAPURAM IN COMPLAINT NO.284/2022A DATED 23.12.2022

RESPONDENTS' EXHIBITS:

NIL